You went out and had a few, decided to drive, and may have made a mistake. At the police station, you decided to refuse the chemical breath test. Now in addition to other criminal court hearings, you have an administrative hearing at the Department of Motor Vehicles. This hearing will be held before an Administrative Law Judge (ALJ) who will determine whether your refusal to take the test was knowingly made and whether your license will be revoked for one year under the implied consent law. Like many hearings, you do have the right to testify or to decline to testify. What is the right decision for you and your situation?
Refused the Breathalyzer? Keep your License from Being Revoked
What many people may not know is that testimony offered at certain types of hearings may be admissible in your criminal court trial. In the case of the DMV hearing, a defendant’s testimony can be used by the prosecutor against the defendant in their criminal court case. This means that whatever you testify to before the ALJ can be brought before a jury deciding your guilt and be used to help prove (or disprove) your guilt to the charge of DWI. Other types of administrative hearing testimony can also be used against a defendant at their criminal trial; like parole & probation revocation hearings, family court proceedings, and civil lawsuit testimony.
Ask only the Best DWI Lawyers
The best way to protect yourself in situations like this is to get the counsel of an attorney who is familiar with not only DWI law, but also the particular facts of your case, to help you make an educated decision of whether to testify at a DMV refusal hearing. The experienced attorneys at Cambareri & Brenneck can help you navigate the complexities of the system, protect your best interests and help you get your life back.