New York DWI Implied Consent

When you applied for your New York driver’s license, chances are that you didn’t read all of the fine print in the documents. By signing for your license, you agreed to the New York Implied Consent law. This law states that if you are pulled over on suspicion of drunk driving, you must submit to a chemical test or face penalties. If you were recently charged with violating New York’s Implied Consent law, you should speak with an experience defense attorney as soon as possible.

In New York, the legal blood alcohol content (BAC) limit is .08%. If you are over this limit, you may be charged with a “per se” offense and arrested for driving while intoxicated.

When an officer pulls you over and believes that you are intoxicated, he or she may ask you to take a breath, blood, or urine test in order to determine your BAC. If you refuse to submit to a test, the officer must notify you of the penalties for a refusal by reading an implied consent warning.

The implied consent warning states that by if you refuse to take a chemical test, your license may be suspended for 1 year if this is your first refusal or 18 months if this your second refusal. Commercial drivers may have their license suspended for 18 months for a first refusal and may face permanent revocation for a second refusal. Drivers under the age of 21 may have their license suspended for 1 year. You may also be subject to civil fines for refusing to take a chemical test: $500 for a first refusal, and $750 for a second refusal. You should note that you may face these penalties even if you are not convicted of DWI in criminal court.

A test refusal can be used against you in court as evidence of guilt. The prosecution may argue that you refused to take the chemical test because you were intoxicated and knew you would fail. However, if the officer did not read the implied consent warning, your DWI attorney may use this to your advantage and argue that you did not know the consequences of your actions.

To learn more about the New York Implied Consent law, fill out our online form today and an experienced DWI attorney will contact you shortly.