If you have been arrested with a DWI in New York, are you required to take a chemical test? Although technically you don’t, refusal to do so will have severe consequences due to the state’s “implied consent” laws.
What is New York's Implied Consent Law?
New York’s implied consent laws state any licensed drivers must submit to a breath, blood, urine, or saliva test to figure out the amount of alcohol or drugs in the driver’s body. By having a driver's license, you automatically consent to chemical testing after an arrest.
These chemical tests are typically taken at the police station once a drunk driver is arrested. Once the driver submits the test, he or she has the right to take another test that is done by a doctor of his or her choosing.
Additionally, the state’s implied consent laws also make it mandatory for drivers to take preliminary “breath tests,” generally known as “portable breath tests” (PBTs). These tests are often administered when there is probable cause of drunk driving.
Penalties for Refusing a Chemical Test After a DWI Arrest
If you refuse to take a chemical test after an arrest, you will be penalized by license suspensions and civil fines. Keep in mind, the penalties for refusing to take a chemical test are separate from the standard penalties for DWI.
Refusing a chemical test for the first time results in your driver’s license automatically being suspended for a year and a $500 fine. If it is your second or subsequent offense, or it is your first time refusing a chemical test but you have been convicted of a DWI within the past five years, your driver’s license can be suspended for up to 18 months and you must pay a fine of $750.