What is the significance of a DMV refusal hearing?

Although a DMV hearing is completely distinct from the misdemeanor, felony or criminal hearing in court, it is an important part of the DUI case.

By losing a DMV refusal hearing not only can you get a $500 fine, an assessment of $250 for 3 years, and lose your license, but prosecutors can also use this against you in your DUI criminal case proceedings in court.

New York law allows the assistant district attorney to use your refusal to give a BAC test as a ‘consciousness of guilt’ in court which can seriously weaken your defense.