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New York DWI Implied Consent Law

When you signed for your driver's 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, it is important that you consult with an experienced defense attorney as soon as possible.

In New York, if you are over the legal BAC limit, you can be charged with a "per se" offense and arrested for driving while intoxicated.  If an officer has a reasonable suspicion that you are driving under the influence of alcohol or drugs he or she may ask you to take a breath, blood, or urine test. If you refuse to submit to a test, it is the officer's responsibility to notify you of the penalties for a refusal by reading an implied consent warning.

The implied consent warning states that 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, an experienced DWI attorney can use this to your advantage.  At Astarita & Asscoiates we have vast experience in defending clients from DWI/DWAI charges and challenging test refusals.