I have found that over the course of my practice of law in New York since 1986 that DMV Chemical Test Refusal Hearings are an area that is very misunderstood by the general public. That said there is a logical way to prepare and defend these matters.

First, contact an experienced criminal defense attorney as soon as possible if you are facing a Chemical Test Refusal Hearing. The preparation for the hearing should begin immediately. The refusal hearing will be scheduled by the criminal court at your arraignment or first court appearance. The refusal hearing will be scheduled within a couple of weeks or less from your first court appearance.

Second, make sure that you detail all of the facts so that your attorney is aware of any documents or additional witnesses that should be spoken to and perhaps called to appear at the refusal hearing.