What is a refusal hearing?


The New York Dept of Motor Vehicles provides this statement on chemical test refusals: 

Chemical Test Refusal hearings are held pursuant to Section 1194 of the New York State Vehicle and Traffic Law to investigate the alleged refusal of the respondent to submit to a chemical test and to determine whether the respondent’s license and/or driving privileges should be revoked.  This chemical test refusal hearing is independent of the criminal court case.

New York Vehicle & Traffic Law § 1194 Arrest and Testing and § 1194-a (3) Refusal report and hearing, as well as 15 New York Code of Rules and Regulations (NYCRR) Part 139 Chemical Test Refusals provide detailed information on the conduct of refusal hearings. 

Public Access Law Libraries have materials on these hearings. Guidance can be found in the two titles published in Westlaw:  Handling the DWI Case in New York, Chap 41 Test Refusals and New York Driving While Intoxicated, Chap 11 Test Administration, pt V Refusal. 

  • Last Updated Nov 20, 2023
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