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Implied consent in New York

On Behalf of | Mar 1, 2024 | DWI

If you drive a car in New York, you are considered to have already given consent to take a chemical test to measure your blood alcohol concentration (BAC) in the event that you’re arrested for suspected impairment. A police officer can request to conduct a breath, blood, urine or saliva if they arrest you for an alcohol or drug-related violation.

Since you are deemed to have given consent to a chemical test by driving in the state, a post-arrest refusal can be unlawful. Note that a chemical test refusal is a separate violation from any impaired driving charges that may be levied against you. Thus, whether or not the court finds you guilty of the DWI, you may still face the punishments of refusing a chemical test, including a $500 civil penalty and $550 for commercial drivers.

Further, upon confirming your refusal to a chemical test, the Department of Motor Vehicle (DMV) may revoke your driver license for one year or 18 months for commercial drivers.

If you refuse a chemical test within five years of a previous refusal charge or any other DWI-related charge, you may face a $750 civil penalty. Additionally, your license may be revoked for at least 18 months, one year or until age 21 if you are under 21. A commercial driver license (CDL) can be permanently revoked in this situation.

Zero tolerance law

In New York, anyone under 21 should not drive with any measurable BAC, ranging from 0.02 to 0.07%. If you are arrested in this circumstance and refuse a chemical test, you may face a $300 civil penalty, a $100 re-application fee and at least one year of driver license revocation. If you refuse a chemical test a second or subsequent time as an underage driver, you may pay a $750 civil penalty and a $100 re-application fee. Your license may also be revoked for at least one year.

If you are arrested for DWI, consider seeking legal guidance to better avoid mistakes that can complicate your case.