The licence case
Licence suspension after a DUI arrest in New York
The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.
Hearing-request deadline in New York: For a chemical-test-refusal suspension, the court supplies a scheduled DMV hearing date. The statute's 15-day rule concerns the agency providing the hearing after arraignment—not a 15-day deadline for you to request it.
N.Y. Veh. & Traf. Law § 1194 (opens in a new tab)The notice identifies your proceeding. Conditions below.
The window
- Deadline to request a hearing
- For a chemical-test-refusal suspension, the court supplies a scheduled DMV hearing date. The statute's 15-day rule concerns the agency providing the hearing after arraignment—not a 15-day deadline for you to request it.
- Attend the scheduled hearing or obtain case-specific advice promptly. Failure to appear is treated as a waiver, subject to the statute's new-hearing petition provision.
- Hearing procedure under the cited rule
- For the chemical-test-refusal suspension of an arrested driver under N.Y. Vehicle and Traffic Law §1194(2), the court provides a scheduled DMV hearing date. The hearing officer reviews the statutory refusal issues separately from the criminal charge.
- The refusal report supports a temporary court suspension pending the DMV hearing. The hearing addresses reasonable grounds, lawful arrest, sufficient refusal warnings, and whether the driver refused the test.
- The statute’s 15-day period runs from arraignment and concerns the department providing the hearing; it is not a 15-day deadline for the driver to request one.
- Failure to appear is treated as waiver, but the statute permits a petition to the commissioner for a new hearing as soon as practicable. A hearing officer’s findings may be appealed under article 3-A.
- This answer is limited to §1194(2) following arrest. The separate under-21, non-arrest process referenced in §1194-a is not covered by this answer.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Suspension length after a refusal
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
What happens if the window closes
The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.
Whether New York offers a restricted licence in that situation, and on what conditions, is a state-specific question:
- Hardship or restricted licence
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Ignition interlock, first offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
How the two cases relate
A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- For a chemical-test-refusal suspension, the court supplies a scheduled DMV hearing date. The statute's 15-day rule concerns the agency providing the hearing after arraignment—not a 15-day deadline for you to request it.
- Attend the scheduled hearing or obtain case-specific advice promptly. Failure to appear is treated as a waiver, subject to the statute's new-hearing petition provision.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.