Some facts about DUI testing in the state of New York

Drivers in the Empire State should be aware of state laws regarding drunk driving. That's because many people are unaware that they are considered legally drunk under state law if their blood alcohol concentration exceeds .08. For many adults that level of intoxication does not make them feel as though they are drunk, despite the fact that they may be arrested at that level.

In fact, it may be difficult for a police officer to determine whether a driver who does not appear to be drunk, yet smells like alcohol, has a blood alcohol concentration at or around 0.08. For that reason, the state legislature of New York has ratified what is collectively known as the "implied consent" laws. Here are some basic pointers on what those laws mean for you:

  • Implied consent means that you agreed to submit to a law enforcement officer's request for chemical testing for DUI when you signed for your driver's license.
  • The penalty for DUI in New York is stiff, but due to the tough nature of the implied consent laws, the penalty for refusing the test may actually be worse than just submitting to the test and accepting the DUI determination.
  • A refusal of chemical testing automatically results in the suspension of your license.
  • Within 15 days of your license suspension, you will be scheduled for a refusal hearing with the Department of Motor Vehicles. If you fail to win this hearing, your license will be revoked for at least one year, and you will not be eligible for a conditional driver's license during that time. This is important because a motorist who submits to the testing would be eligible to request limited driving privileges to work or to school for example.
  • In addition to any DUI fines, you will also be assessed financial penalties for your refusal to take a breath test. These penalties and other assessments can cost at least $1,250.

Losing your right to drive is a serious matter that can affect your livelihood. An attorney can provide crucial information if you are facing a DUI test refusal hearing and help ensure your rights are protected.


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