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In Chemung County, a refusal to submit to a chemical test under NY VTL § 1194 triggers an automatic one-year license suspension. A Refusal Hearing Lawyer Chemung County from Law Offices Of SRIS, P.C. can challenge the refusal finding at a DMV hearing. We have secured favorable outcomes in 93%+ of our 4,739+ firm-wide cases. Call (888) 437-7747.
Last verified: April 2026 | Chemung County Supreme Court | NY VTL § 1194 (official New York State Senate)
In Chemung County, a refusal to submit to a chemical test under NY VTL § 1194 carries an automatic one-year license suspension, a $500 civil penalty, and a mandatory ignition interlock device upon reinstatement.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Refusal to Submit to Chemical Test (First Offense) | Traffic Infraction (Civil Penalty) | None | $500 civil penalty | 1-year license revocation | Mandatory ignition interlock device upon reinstatement; 6-month suspension for test refusal if no prior DWI |
| Refusal to Submit to Chemical Test (Second Offense within 5 years) | Traffic Infraction (Civil Penalty) | None | $750 civil penalty | 18-month license revocation | Mandatory ignition interlock device; possible criminal charges for aggravated unlicensed operation |
Results may vary. Prior results do not guarantee a similar outcome.
A refusal hearing in Chemung County is a civil DMV proceeding, not a criminal court case. The standard of proof is “clear and convincing evidence,” which is lower than “beyond a reasonable doubt.”
- Step 1: Contact a Refusal Hearing Lawyer Chemung County immediately. You have only 15 days from the date of the refusal to request a DMV hearing. Missing this deadline results in an automatic license suspension.
- Step 2: Gather all evidence. This includes the police report, any video or audio recordings of the traffic stop, and the refusal warning form (DS-733).
- Step 3: Prepare for the DMV hearing. Your lawyer will review the evidence, identify procedural errors, and prepare you for testimony.
- Step 4: Attend the DMV hearing. The hearing is held at the Chemung County DMV office or via teleconference. The hearing officer will decide whether the refusal was lawful.
- Step 5: Appeal if necessary. If the hearing officer finds a refusal, you can appeal to the NYS DMV Appeals Board within 30 days.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
By appointment only. 24/7 phone consultations.
What is a refusal hearing in Chemung County, New York?
Yes. A refusal hearing is a civil DMV proceeding to determine if you unlawfully refused a chemical test. The hearing is separate from any criminal DWI case.
How long does a refusal hearing take in Chemung County?
It depends. Most hearings are scheduled within 30-60 days of your request. The hearing itself typically lasts 30-60 minutes.
Can I win a refusal hearing in Chemung County?
Yes. A refusal can be challenged if the police did not have probable cause for the stop, or if you were not properly advised of the refusal consequences.
What happens if I lose the refusal hearing in Chemung County?
No. Losing the hearing results in a one-year license suspension. However, you can appeal the decision to the NYS DMV Appeals Board within 30 days.
Do I need a lawyer for a refusal hearing in Chemung County?
Yes. A refusal hearing involves complex procedural rules. A Refusal Hearing Lawyer Chemung County can cross-examine witnesses and present evidence to challenge the refusal finding.