Implied Consent in New York DWI Cases
One thing that few vacationers think about is the DWI laws in the state or states they are visiting. Most people don’t think of DWI laws at all, but they consider them even less when they are traveling. The exception may be those who have summer homes in a specific place and spend several months there each year. Given that people on vacation are more likely to relax, have a good time, and imbibe alcohol, they really should pay attention to a given state’s DWI laws.
Most states have an implied consent law when it comes to DUI and DWI. A good example of this is New York — and given how many people take vacations throughout the state, this law is something that travelers to the Empire State need to understand.
Any good Staten Island DWI lawyer can explain the basics of this law. Fundamentally it means that anyone who is driving a car in New York has consented to a BAC test. If stopped by law enforcement for suspicion of driving while intoxicated, drivers must submit to the required chemical test. If they refuse, they will be subjected to criminal and civil penalties under the implied consent law. The police officer must inform drivers of these consequences and, if they still refuse, no test will be given. New York uses breath, blood and urine tests to determine intoxication levels.
The implied consent law carries stiff penalties for simply refusing a BAC test. Drivers can have their license suspended for a year and face a $500 fine for their first refusal. Subsequent refusals carry an additional 18 month suspension and a $750 civil fine. Commercial drivers get an 18 month suspension for their first offense and permanent revocation of their license for a second offense within five years of the first.
