914-681-7117


What about my driver’s license?

For those with a non-commercial driver’s license if the breathalyzer indicates a .08 BAC or more, under the “prompt suspension” law the driver’s license is suspended at arraignment. That is, however, for persons not represented by Palumbo & Associates, P.C. What most attorneys do not realize is that under the prevailing common law of Pringle v. Wolfe a person accused of DWI is entitled to a hearing regarding the accuracy of the breathalyzer prior a suspension of driving privileges. Most law firms do not demand this hearing. Palumbo & Associates, P.C. always does.

If the court finds that the breathalyzer was accurate the license is suspended immediately for a period of 30 days. After that 30 day period the accused can go to DMV and will be issued a conditional driver’s license (to and from work/school/doctors) during the pendancy of the litigation. Under certain conditions a person can be issued a “hardship” license by the court for the initial 30 day period. However obtaining such relief is difficult. That is why you need the criminal defense skills of Palumbo & Associates, P.C. on you side from day one.

For persons who refused to give a breath sample their driver’s license is immediately suspended at arraignment and there is no right of pre-suspension hearing. The accused is entitled to a “DMV refusal hearing” within 15 days of suspension. This hearing does not occur in court but at the Department of Motor Vehicles in front of a Department of Motor Vehicles Administrative Law Judge. In the event the hearing gets adjourned the accused’s driving privileges are restored until such time that there is a hearing and the DMV hearing officer finds that the accused refused to provide a breath sample within the meaning of the law.

If the accused loses at the DMV hearing the license is suspended for a period of 1 year and for 3 years subsequent must pay to the Department of Motor Vehicles a $550.00 assessment fee. If the accused wins the hearing then he maintains full driving privileges. If you refused a breathalyzer you need the advocacy of Palumbo & Associates, P.C. on your side fighting for you.

New York DUI Test

Click here to view a list of possible penalties for DWI

Aggravated DWI
What happens to my license post -conviction?

Palumbo & Associates, P.C. represents New York clients in the Bronx, Westchester County, and throughout New York, including the areas of Manhattan, Queens, Staten Island, Brooklyn, White Plains, Eastchester, New Rochelle, Mount Vernon, Yonkers, Greenberg, Scarsdale, Harrison, Yorktown, Peekskill, Port Chester, Bedford, Pelham, Mamaroneck, Rye, Mount Kisco, Tarrytown, and Ossining.

  • Palumbo & Associates, P.C.
  • 188 E. Post Road, Ste. 300
  • White Plains, NY 10601
  • Phone: 914-681-7117
  • or
  • 2956 Radcliff Avenue
  • Bronx, NY 10469

  • design by suite 171