What Is The DWI Implied Consent Rule In New York?
In New York a police officer is permitted to request a motorist to submit to a chemical test and the law provides that:
Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following:
3. Urine, or
4. Saliva, for the purpose of determining the alcoholic and/or drug content of the blood.
When an authorized request is made, a motorist is then said to have given his or her “implied consent” to submit to the chemical test.
A refusal to submit to a test after a proper request carries mandatory administrative consequences involving the loss of driving privileges and a civil fine (regardless of the outcome of any related DWI or DWAI charges in court) and in the event of such a refusal the police officer or district attorney may apply to a court asking it for an order to compel the motorist to submit to a chemical test.
In order for a police officer to lawfully request a chemical test from a motorist the police must have a legal reason to pull over your vehicle in the first instance.
Our attorneys are skilled and experienced to analyze your case and to help you fight your case. We are able to cross examine police officers in the areas that require great skill and knowledge. As former prosecutors we know where to look for the weaknesses of each case presented by the police.