Frequently Asked Questions

A DMV refusal hearing determines whether your license will be revoked for refusing a chemical test after a DWI arrest. The hearing examines whether the officer had probable cause, properly advised you of refusal consequences, and whether you actually refused. At Law Office of Michael D. Litman, PLLC, we challenge procedural errors and fight to preserve your driving privileges.

Yes, you may qualify for a conditional or hardship license depending on your case and driving record. These licenses allow travel to work, school, medical appointments, and other essential activities. Eligibility depends on the type of suspension and timely enrollment in required programs.

Administrative suspension is imposed by the DMV immediately after arrest or test refusal, while court-ordered suspension follows a criminal conviction. Each has separate timelines, hearing procedures, and restoration requirements. At Law Office of Michael D. Litman, PLLC, we defend against both types to protect your mobility and employment.

A first DWI in New York can result in a permanent criminal record unless resolved through diversion programs or conditional discharge. This record can impact employment, professional licenses, and background checks. Strategic defense focuses on avoiding conviction or negotiating reduced charges to minimize long-term consequences.

Defenses include challenging calibration records, operator certification, observation periods before testing, and mouth alcohol contamination. Breath test machines require strict maintenance and proper administration. We examine testing procedures and machine accuracy to identify weaknesses that can lead to suppression or dismissal.

No, police need reasonable suspicion of a traffic violation or criminal activity to initiate a stop. If the stop lacked legal justification, any evidence gathered afterward may be suppressed. Challenging unlawful stops is a foundational defense strategy in DWI and drug cases throughout Westchester County.

A DWI becomes a felony if you have a prior DWI conviction within the last 10 years or certain prior alcohol-related offenses. Felony DWI carries mandatory jail time, longer license revocation, and permanent felony record consequences. Aggressive defense is essential to reduce charges or challenge prior convictions used for enhancement.

Drivers under 21 face license suspension with a blood alcohol content of just 0.02% or higher under New York's zero-tolerance policy. This is far lower than the 0.08% standard for adults. Early intervention and defense can protect young drivers from long-term license and record damage that affects college and career opportunities.

Many people wait too long to contact an attorney or fail to request a DMV hearing within the required timeframe. Missing deadlines can result in automatic license revocation and lost defense opportunities. Immediate legal action is critical to preserve all available defenses and protect your driving privileges.

In some cases, yes—depending on the substance, quantity, and your criminal history. Negotiation may result in a reduction to disorderly conduct or a non-criminal disposition, especially for first-time offenders. At Law Office of Michael D. Litman, PLLC, we evaluate diversion programs and plea options to avoid permanent criminal records.

Constructive possession means you had control or access to drugs even if they weren't on your person—such as in a shared car or home. Prosecutors must prove knowledge and intent to possess. We challenge weak circumstantial evidence and argue lack of exclusive control to defeat constructive possession claims.

If police conducted an unlawful search without a warrant, consent, or probable cause, any evidence obtained may be suppressed and excluded from trial. Successful suppression often leads to case dismissal. We file motions to challenge illegal searches, improper vehicle stops, and violations of Fourth Amendment protections throughout Westchester County.