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The New York DMV has a unique procedure if you refuse a breath test. A police officer upon your arrest will file what is known as a refusal report with NY DMV. A hearing will then be held to determine if all of the proper procedures were followed. If the police officer does not appear on the first date, the DMV judge will give him another chance to appear and the driver's license will be reinstated. At the next hearing the case will go on regardless if the police officer appears or not.

Mr. Digiansantehas done over 60 DMV refusal hearings and has been hugely successful in defending his client's driver's license. Several things must be proven by the police at this hearing and a competent cross-examination can reveal the weak points in their case. If you lose the DWI refusal hearing, your New York driver's license will be suspended for one year. No further appeals can be made, and life can become very diffcult if you drive for a living. If you have a DMV DUI refusal hearing coming up, contact the Law Offices of Lawrence Digiansante, LLC at 917-578-8257 and protect your driving proveleges!