New York DWI Implied Consent

The day you obtained your driver’s license you had to fill out paperwork.  During the excitement of that day, you signed a statement agreeing that if you were arrested for DWI, you would submit to a chemical test to determine your BAC or blood drug content. Most states other than New York also follow this procedure.  As a result, by merely operating a motor vehicle on the public highways of New York State , all motorist are presumed to have given “Implied Consent” for BAC testing.  If an officer asks you to take a blood, breath or urine test, you are legally obligated to submit or you may face harsh penalties.

Notwithstanding that every motorist automatically gives “Implied Consent” for such testing, police officers must, under most circumstances, read the motorist what are commonly called “Implied Consent” Warnings (or “Refusal Warnings”) before a refusal to submit to such a test can be used against the motorist in court or as a basis to take away the motorist’s driving privileges.  If a motorist is asked to take such a test and refuses, the officer must then read the Warnings.  After being read these Warnings, each motorist is asked again to submit a blood, urine or breath sample for testing.  If the motorist refuses again, the refusal can be used against that motorist as evidence of a “guilty conscience” (i.e., that the motorist chose not to submit because he or she knew that the test result would provide evidence of guilt).

Depending on the particular circumstances of your case and criminal or DWI history, it may or may not be a good idea to submit a sample for testing.  The decision is a critical one, and in almost all circumstances the motorist under arrest will not have sufficient knowledge or experience to make the best choice for his or her case.

The New York State DWI laws are somewhat unique insofar as a motorist has a “qualified right” to consult with an attorney before deciding whether to refuse or to submit a sample for chemical testing.  The right is deemed “qualified” because, though the motorist has the right to call or consult with an attorney, the police do not have to wait for an attorney’s arrival or allow the motorist to seek legal advice if the act of contacting an attorney unreasonably obstructs the arrest and investigative process.

Experienced and knowledgeable New York State DWI attorneys expect taking late night calls as a part of their jobs. Speaking with an attorney is critical because taking or refusing to take a chemical test will result in consequences which could have a devastating effect on your life and DWI case.
Call Anelli Xavier, PC if you need to decide whether or not to submit to such a test, or if you need guidance regarding whether the proper procedures were followed before you decided to refuse.  Our attorneys will help you make informed decisions, and will provide the most appropriate defenses under the circumstances of your unique case.


Contact us right away for a FREE consultation on the phone or in person.

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