Do I Have to Take a Test? Understanding New York’s Implied Consent Law
Driving in New York comes with certain responsibilities, including compliance with the state’s implied consent law. This law directly impacts drivers suspected of driving while intoxicated (DWI) or driving under the influence (DUI) of drugs. Refusing a chemical test—such as a breathalyzer, blood, or urine test—can lead to significant legal and administrative consequences. Continue reading for a discussion of your rights, the implications of refusing a chemical test, and potential defense strategies. If you have been arrested in Orange County or the Hudson Valley for suspicion of DWI or DUI, contact Dupée & Monroe, P.C., to speak with an experienced and successful Goshen DWI defense lawyer.
What Is New York’s Implied Consent Law?
Under New York Vehicle and Traffic Law § 1194, by driving on public roads in the state, you automatically consent to submit to chemical testing if law enforcement suspects you of impaired driving. Chemical tests are used to determine the presence of alcohol or drugs in your system.
Law enforcement can request a test after you have been arrested for DWI or DUI, provided they have reasonable grounds to believe you are impaired. Refusing to take the test does not eliminate the possibility of being charged with DWI; instead, it can lead to immediate and additional penalties.
Penalties for Refusing a Chemical Test
Refusing to submit to a chemical test triggers several administrative and legal consequences in New York, including:
- Immediate License Suspension: Upon refusal, your driver’s license will be suspended at your arraignment, typically within a few days of the incident.
- Civil Penalties: A refusal hearing before an administrative law judge at the Department of Motor Vehicles (DMV) will determine whether you lose your license for one year and whether you must pay a civil penalty of $500.
- Repeat Offender Consequences: For drivers with prior refusals or DWI convictions within the past five years, the penalties increase to an 18-month license revocation and a $750 civil penalty.
- Admissibility in Criminal Cases: Prosecutors can use your refusal against you in court as evidence of “consciousness of guilt.”
Refusing a chemical test can often lead to harsher penalties than a first-time DWI conviction itself.
Are There Any Exceptions?
The implied consent law does not apply to roadside field sobriety tests or portable breath tests (PBTs) conducted before an arrest. You may legally refuse these preliminary tests without facing the same administrative penalties as refusing a chemical test post-arrest. However, refusing field sobriety tests may still raise suspicion and lead to further investigation. Note that if you are pulled over for a traffic violation or if you have been in an accident (and not pulled over solely on suspicion of DWI), then you are legally required to submit to a portable breath test at the request of the police officer.
Additionally, police must inform you of the consequences of refusing a chemical test. If they fail to provide this warning, your refusal may not be admissible in court or at a DMV hearing.
Defense Strategies for Chemical Test Refusal Cases
If you are accused of refusing a chemical test, a strong legal defense can mitigate the consequences. Here are some potential defense strategies:
- Challenging Probable Cause for the Stop or Arrest: Law enforcement must have a valid reason to stop your vehicle and probable cause to arrest you for DWI or DUI. If the stop or arrest was unlawful, evidence of your refusal may be inadmissible.
- Proving Lack of Refusal: Sometimes, a refusal may be misinterpreted. For example, confusion, language barriers, or a medical condition may prevent you from understanding the officer’s instructions. Evidence showing you did not knowingly refuse the test can support your case.
- Arguing Improper Warnings: If law enforcement failed to inform you of the consequences of refusal or did so incorrectly, your refusal may not hold up in court.
- Medical or Technical Defenses: If medical issues or technical problems with testing procedures arise, your attorney may use this to challenge the allegations against you.
How a Criminal Defense Lawyer Can Help
If you have been charged with a DWI or accused of refusing a chemical test in Orange County or the Hudson Valley, working with an experienced criminal defense attorney is essential. At Dupée & Monroe, P.C., we understand the ins and outs of New York’s implied consent law and the significant penalties it carries.
Our attorneys will thoroughly investigate your case to identify potential defenses, negotiate with prosecutors, and fight to protect your driving privileges and your future. Whether you’re dealing with a chemical test refusal or a DWI charge, we are here to help.
Contact Dupée & Monroe, P.C. today at 845-294-8900 for a confidential consultation. We’ll guide you through your options and develop a defense strategy tailored to your circumstances.
