Alcohol and drugs
After refusing a chemical test, a driver is found not guilty of the alcohol-related charge. A DMV hearing, however, confirms that the driver refused. What happens to the license?
- It is revoked, even though the driver was found not guilty. Correct answer
- It is returned, because the not-guilty verdict cancels the refusal.
- It receives a 90-day suspension, the same as a first DWAI.
Why
Refusing the test and being guilty of the charge are two separate questions in New York, and each one has its own consequence. The court decides the charge; a DMV hearing decides whether you refused. If the hearing confirms the refusal, the license is revoked, and a not-guilty verdict in court does not undo that. The 90-day suspension belongs to a different situation: it is the license action for a first DWAI (alcohol) conviction in the penalty table, and it requires a conviction. For the details of refusal revocations and civil penalties, the manual points to Chapter 2. An acquittal settles the charge; it does nothing for a license revoked over the refusal.
Where this comes from
New York State Driver's Manual (MV-21), April 2026 version. The correct answer is It is revoked, even though the driver was found not guilty.
More on alcohol and drugs
- You refused a chemical test after an arrest and are now on trial for the alcohol-related charge. Can the prosecution mention that you refused?
- At a DMV hearing, a 19-year-old is found to have driven with a BAC of .03 percent. It is a first Zero Tolerance violation. What happens to the license?
- A driver under 21 has served a first Zero Tolerance suspension. What must the driver pay to be licensed again?
- An adult driver is convicted for the first time of driving while ability impaired by alcohol (DWAI). What license action does the penalty table list?