License Suspension Hearing in New York
In New York, driving while intoxicated (DWI) is a serious offense that can lead to license suspension, revocation, fines, and even imprisonment. When a person is charged with DWI, their license is usually suspended, which can have a significant impact on their ability to work, attend school, and perform daily activities. However, drivers have the right to challenge the license suspension by requesting a hearing. The license suspension hearing is a formal legal proceeding where a judge will determine whether the suspension was justified or not. The outcome of the hearing can have a significant impact on the driver's ability to continue driving during their case. The license suspension hearing process is complex and requires a thorough understanding of New York state law, DWI charges, and the legal system. If your license has been suspended because of a DWI related charge, it is essential to seek the help of an experienced New York DWI lawyer who can guide drivers through the process and advocate for their rights.Reasons a License Can be Suspended in New York
In New York, there are several reasons why a license can be suspended after a DWI charge. These include:
- Chemical Test Refusal: In New York, drivers are subject to the state's implied consent law, which means that by obtaining a driver's license, they are deemed to have given their consent to chemical testing for drugs or alcohol if they are suspected of DWI. This means that if a driver refuses to take a chemical test, their license can be suspended for one year for a first offense, or 18 months for a second or subsequent offense.
- Chemical Test Failure: If a driver takes a chemical test and their blood alcohol concentration (BAC) is .08% or higher, their license can be suspended for at least six months.
- Zero Tolerance Law: If a driver under 21 years old is found to have a BAC of .02% or higher, their license can be suspended for six months.
- DWAI-Drug: If a driver is convicted of driving while ability impaired by drugs (DWAI-Drug), their license can be suspended for six months.
- Aggravated DWI: If a driver is convicted of aggravated DWI, their license can be suspended for at least one year.
Apart from DWI-related offenses, there are several reasons why a person's driver's license may be suspended in New York. One of the most common reasons is accruing too many points on their license. In New York, drivers receive points on their license for various traffic violations, such as speeding or running a red light. If a driver accumulates 11 or more points within 18 months, their license may be suspended.
Another reason for license suspension is failure to appear in court or pay a fine for a traffic ticket. If a driver fails to appear in court or pay a fine for a traffic ticket, their license may be suspended until they resolve the matter. Additionally, failing to pay child support or taxes can also result in a license suspension.
Finally, a license may be suspended for medical reasons, such as a seizure disorder or vision problems that affect the driver's ability to safely operate a vehicle. In these cases, a driver may need to provide medical documentation to have their license reinstated.What Happens During the Hearing
During the license suspension hearing, the driver and their attorney have the opportunity to present evidence and arguments to challenge the suspension. The hearing is held before an administrative law judge (ALJ) of the Department of Motor Vehicles (DMV). The driver has the burden of proof to show that their license should not be suspended. The hearing usually consists of testimony from the arresting officer and the driver. The driver's New York DWI lawyer can also present evidence such as witness testimony or medical records. The ALJ will then make a decision whether to uphold or overturn the suspension.
It is important to note that the license suspension hearing is separate from the criminal case. Even if the driver is found not guilty of the DWI charge, their license can still be suspended if they lose the license suspension hearing.Persistent Violator Hearing in new York
In addition to the license suspension hearing, a driver who has multiple DWI convictions may also be subject to a persistent violator hearing. A persistent violator hearing is a separate proceeding from the license suspension hearing that determines whether a driver is a persistent violator of traffic laws. If the driver is found to be a persistent violator, their license may be permanently revoked.
License revocation in New York is the most severe penalty for driving-related offenses. It involves the permanent cancellation of the driver's license, which can only be reinstated after a lengthy waiting period, compliance with certain conditions, and completion of any required courses or programs. Revocation is typically reserved for repeat offenders or those convicted of serious offenses such as vehicular manslaughter. It can have significant consequences on an individual's ability to work, travel, and carry out daily activities, highlighting the importance of seeking legal counsel to protect one's rights during license suspension and revocation hearings.
The persistent violator hearing is a complex process and should be handled by an experienced DWI attorney.Contact Stephen Bilkis & Associates
The license suspension hearing is a crucial step in the process of defending against DWI charges in New York. There are several reasons why a license can be suspended, including chemical test refusal or failure, zero tolerance law, DWAI-Drug, and aggravated DWI. During the hearing, the driver has the opportunity to challenge the suspension, and the ALJ will make a decision whether to uphold or overturn the suspension. In addition, a driver who has multiple DWI convictions may be subject to a persistent violator hearing. An experienced DWI attorney serving New York can help navigate these complex proceedings and provide the best chance of a favorable outcome for the driver. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.