Wednesday, August 20, 2014

A DWI Refusal has Dual License Action in New York

DUAL-ACTION Can be powerful
If Only it would work on getting rid of other s... tuff

A recent question or questions about the confusion of NYS DWI refusal license actions:

I finished reading your advice on how to beat the DWI case in NY but I still have a question. 

What happens if my case gets dismissed at the refusal hearing. 
Is my license still going to be suspended for one year? I have 2 hearings, one a refusal and the other a DWI hearing. 
How does it work and what outcome do I need to retrieve my license immediately? 

Wow, when I first got this I thought no way I'm tackling this one at 7am but the expresso is kicking in, so here goes:

RE-fusals have TWO License Actions

It is a bit more complicated license wise with a refusal case because in actuality there are in fact TWO separate and distinct actions against driving privileges (driver's license):

1. The Refusal itself creates the first license action
2. The Criminal Case creates the second license action

The TWO Actions Can Run Consecutive or Concurrent to Each Other

Even if the first action is resolved (dismissed) then we still have to deal with the second license action. If we have both license actions then they can run together (concurrently) or they can potentially run apart (consecutively).

Depending upon the final case (criminal) outcome (resolution) there could be only a 90 day suspension (DWAI) from the criminal but still have the underlying one year revocation from the Refusal. 

Confusing, but in that case the only license privilege potentially is a conditional license privilege if we have action based upon the Refusal. This would be for the remainder of the one year time period regardless of the criminal case outcome.

I would still consult with an attorney regarding the timing, facts, and circumstances of your particular case. Each case is somewhat unique. Things get more complicated with out-of-state license holders and NYS DWIs. 

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.