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Implied Consent Law in New York

In the state of New York there is an implied consent statute. The statute states that a person, by virtue of operating a motor vehicle in the state of New York, has impliedly consented to a chemical test to determine their BAC. When you get your license in the state you sign a piece of paper that stating that you agree to submit to a BAC test if you are ever stopped for DUI in the state.

When the police office asks you to submit to a chemical test, they are required to inform you of the consequences that stem from such a refusal by reading to you the “implied consent warnings.” This must be read in order for a refusal to submit to a test can be used against a driver in court to take away his or her license. After the warnings are read, the driver is asked if he or she again to submit to a test, if they refuse a second time, it can be used as evidence to take away the driver’s license because it is evidence of a “guilty conscience” – the person knew a test would yield positive results of BAC. If the driver submits to the test, the test can be used against them as evidence during the trial process. If the driver refuses the BAC test, the driver will be sanctioned under the chemical test refusal law and civil penalties will be imposed.

The implied consent warnings have harsh penalties for the refusal to submit to a chemical test. First refusal results in a 1-year suspension of your driver’s license for a private vehicle, and an 18-month suspension for a commercial driver. For s second refusal within 5 years for a private vehicle driver, there is an 18-month suspension. For a commercial driver, a lifetime ban is imposed. If you are underage (under the age of 21) and you refuse to submit to a chemical test for a second time in 5 years, you will receive a 1-year suspension of your license, or until the age of 21 is reached. Refusal to submit to a chemical test also comes with civil penalties of $500 for a first refusal and $750 for a second.


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