Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Law in the Media

View All

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

New York DWI Refusal Hearing

New York has a zero tolerance policy when it comes to driving while intoxicated. They impose strict penalties on those who are found guilty of the offense. In order for the state to have evidence that you were actually driving while intoxicated, though, they the arresting officer usually asks you to consent to a blood alcohol test. You might have refused this test, and if you did, the DMV will usually impose an administrative suspension on your license that makes it so that you can’t legally drive unless you apply for and get granted a hardship license.

Implied Consent Law

Many people refuse to submit to BAC tests because it used to be that when the State didn’t have chemical evidence proving that your BAC was over the legal limit of 0.08%, then your case would get thrown out for insufficient evidence. Some people were essentially getting away with drunk driving, so states like New York sought to rectify this by imposing implied consent laws on citizens. Implied consent makes it so that if you refuse to consent to a BAC, there will be some backlash from the DMV, if not from the judicial system.

Report of Refusal

However, maybe you really hadn’t been drinking, or maybe you just felt like your rights were being violated. Just because you didn’t submit to a BAC test doesn’t necessarily mean that your side of the story can’t be heard because it can. When a “Report of Refusal” is filed, you are given a chance to tell your side of things if you request a “Refusal Hearing.”

What is a Refusal Hearing?

A “Refusal Hearing” is an administrative hearing where you get to go before the people in charge of suspending your license and plead your side of why you refused to take the BAC test. A Refusal Hearing is separate from any criminal charges you’re facing – it’s purely administrative, and it is beneficial for you to at least try to state your case at the Refusal Hearing because if you win the hearing, it could have some bearing on your criminal case’s outcome. It would also make your life so much easier since you wouldn’t have to go through the trouble of getting a hardship license until your case is settled.

You Need an Attorney

There is a lower standard of proof required at an administrative hearing than is required in a criminal hearing. This means that what the police officer submits as his word, which is usually just termed as heresay without further evidence in a criminal court, will be admissible in an administrative hearing. This makes it more important than ever that you have a DWI attorney present to represent you throughout your administrative hearing.

Ways an Attorney Can Help

There are numerous ways that an attorney can help you throughout your administrative hearing. First of all, they’ll throw doubt on the police officer’s character and question whether or not the police officer had plausible cause to stop you in the first place. If the police officer didn’t have enough reason to believe that you were indeed driving while intoxicated, then the arrest might have been unlawful. Your attorney will also explore to find out if the police officer clearly warned you that failure to submit to a BAC test would result in an automatic license suspension. If the officer didn’t do that, then that could also affect the outcome of the administrative hearing.

The Bottom Line

The bottom line is that you should never go into an administrative hearing alone. It’s hard enough to win an administrative hearing since the burden of proof isn’t as high as it is in criminal court, but it’s doubly so without a lawyer who has the skills necessary to get the people in charge to doubt the law enforcement officer’s testimony. One thing you’ll have going for you is that the law enforcement officer will not have an attorney present, and if the officer fails to show up, then your case will be sojourned at a later date and your privileges will be reinstated until them. If the police officer fails to show a second time, then you’ll win your administrative hearing by default.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!