A separate track for your license
In New York, the DMV holds its own administrative hearings, run by administrative law judges, that decide license consequences independently of the criminal court. Chemical test refusal hearings after an alcohol-related arrest are among the most common, and the DMV also holds hearings after fatal accidents and on certain other safety matters. In New York City, most non-criminal moving violations are heard by the DMV's Traffic Violations Bureau rather than by a local court. A refusal hearing is narrow and focuses on the arrest and the refusal itself, not on whether you were impaired. Failing to appear can lead to a decision against you without a hearing.
Preparing for the hearing
Bring the hearing notice, any temporary license or suspension paperwork, your driving abstract, and whatever you received at arraignment. At a refusal hearing, the arresting officer usually testifies and your lawyer can cross-examine, which also produces sworn testimony that may matter later in the criminal case. Whether you should testify yourself is a strategic decision to make with counsel, because what you say is recorded. If you need an adjournment, request it through the proper channel ahead of time, since the consequences of a missed date can be serious. Hearings are sometimes adjourned when a witness cannot attend, so be prepared to return on a later date and keep every notice the DMV sends.
After the decision
An adverse DMV decision can generally be appealed to the agency's Administrative Appeals Board, and further review may be available in state court through an Article 78 proceeding. The appeal has a filing deadline and usually requires the hearing transcript, and filing it does not automatically restore your license while it is pending. When you come to us, we identify which hearing you face, how it connects to any criminal case, and whether any limited driving privilege is possible, which is often restricted after a refusal. We also talk about commercial licenses, which carry consequences of their own.
