DMV Hearing for breathalyzer got adjourned for a second time. Is this a dismissal?

Because the law in each state can vary I can only give you an educated guess about New York. I believe that the matter has not been dismissed because if it had the notice would not have said the case was adjourned, it would have said dismissed. You should talk to your lawyer or another lawyer and ask them what this means.

Based upon your description, I find nothing to lead me to believe your DWI has been dismissed. However, since you mentioned you have an attorney, you should be posing this question to him.

If you are represented you should ask your lawyer. However the first time it was adjourned would be considered at your request. I think you may also be thinking about what happens if the officer doesn't show up a second time. In that event the ALJ can still conduct the hearing with the paperwork that the officer has submitted such as the report of refusal

It's the officer that ant get it adjourned twice. The first time was at your request so no it doesn't sound like it is dismissed. If the officer fails to show up again, be prepared that the judge might go forward based on the evidence in the paperwork. I've seen it done before and I've seen people lose bc they didn't bother putting on any case or objecting to anything.

Based on the information you provided, it is unlikely that the refusal allegation will be dismissed. I wish it were otherwise of course. New York decided that law enforcement gets two chances to show up for your hearing. If your or your attorney make the request to move the hearing, it is not counted against law enforcement. On the second time the cop misses, the DMV administrative law judge will hold the hearing on the "report of refusal". Your attorney is responsible for questioning the validity of that document and he should argue that it doesn't meet the prima facie requirements of a valid refusal allegation. You should discuss your options with your attorney and what will happen with the refusal hearing in the near future.

If the hearing was adjourned by the DMV prior to your scheduled hearing date, it does not affect the refusal hearing process at all. I'm assuming, since the first hearing was adjourned either by the officer of with his or her consent, any suspension in affect as a result of your alleged refusal was temporarily lifted and you've had your driving privileges (subject to any other suspension or revocation) this entire time. If so, you are not prejudiced by such an adjournment and just have to deal with the delay. If that is not the case, discuss any recourse you may have with your attorney. You will be expected to proceed at the second scheduled hearing on whatever date the DMV his advised you. If the officer does not appear, however, you are entitled to request an adjournment to subpoena the officer (be prepared to explain to the ALJ exactly why you need to subpoena the officer and why the hearing can't proceed on the papers alone), and retain whatever driving privileges you have at the time. If the officer does not appear at the 3rd hearing pursuant to a duly prepared and served subpoena, your refusal charge must be dismissed. A pre-adjournment by the DMV has no such effect, and the DMV will simply reschedule at their convenience.