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www.ithacadwi.com The Chemical Test Refusal DWI Case is unique for a number of reasons. First the positives of the refusal case 1. The prosecutor can only charge VTL 1192 (3), “Common Law” DWI. 2. The prosecutor usually only has one main witness, the arresting officer. 3. The prosecutor must prove that “you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver.” 4. They must prove this legal burden of “intoxication” beyond a reasonable doubt based upon the police officer’s observations, and field testing, if any. 5. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor. Second, the two main negatives of the refusal case: 1. You will have NO license of any type (conditional or hardship) while your criminal case is pending. NOTE: unless you win at the administrative refusal hearing (unlikely) or the officer does not show for the hearing and it is re-scheduled. 2. The jury will get an instruction from the Judge that they may infer a Consciousness of Guilt from your choice to not take the chemical test. Talk with Criminal Defense Lawyer before you go to Court or your refusal hearing. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at …

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