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 pendency 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.

Click here to view a list of possible penalties for DWI
Aggravated DWI
What happens to my license post -conviction?