New York`s implied consent law states that if you are arrested for DWI with probable cause, you automatically agree to do some sort of chemical test to determine your blood alcohol level (BAC). The type of test performed depends on the officer making the arrest, but it may be a blood, breath, urine or saliva test that must be done within 2 hours of the last trip. You have the right to request additional tests performed by a doctor of your choice, but only if you first pass the agent`s test. If you have been involved in an accident and the officer has reason to believe that you were driving while intoxicated, you may be asked to take the breath test before you are arrested. If this test shows that you have a blood alcohol level above 0.08, you will be asked to perform an additional chemical test. The U.S. Supreme Court recently said it would review state laws that criminalize refusing to take a blood alcohol test if the officer does not have an arrest warrant. The Dec. 11 announcement came after the Supreme Court approved cases in North Dakota and Minnesota to determine whether those laws are constitutional. Those who oppose these “implied consent” laws say they violate 4th Amendment protections against inappropriate searches. The Minnesota case letter states that if the laws remain in place, they “give greater constitutional protection to the bags or purse of an arrested person than to the body of the inmate.” Those who support the laws say they are a reasonable way for states to prevent drunk driving. Thirteen states in the country currently have implied consent laws, with New York being one of them. An important aspect of the law that deserves to be known is implied consent.
When you drive a vehicle in New York City, you implicitly agree to a chemical test to detect drugs or alcohol if you are accused of driving under the influence of alcohol. These tests can affect your breath, blood, saliva or urine. You don`t have to undergo these tests if you`re arrested for DWI, but your refusal will result in a license suspension of at least six months and several hundred dollars in fines. Because alcohol physically limits your ability to drive, you`re also less aware of what happens to your safe driving skills. It will be difficult for you to assess your condition. You can gain confidence in driving if you don`t drive at all. If you are stopped in New York City for drunk driving, you may need to have a blood, urine, respiratory or saliva test. That`s because New York has what`s called “implied consent.” Under this law, if you have been legally screened to drive under the influence of alcohol, you inadvertently agree to take a chemical test of your blood, urine, saliva or breath test to determine your blood alcohol level (BAC). As you can see, allegations related to drunk driving in the state can develop at the beginning of an investigation.
The tacit consent law reduces your rights from the moment you drive on national roads. A person may refuse to take a breathalyzer test or have a blood sample taken, but in both cases, the Implied Consent Act requires that the person`s driver`s licence be automatically suspended for a period of six months. The court may also impose a fine of $500. Compared to the possible penalties that can be imposed for a conviction for drunk driving, such a sentence may not seem very severe. But even if a blood test is denied, police can still charge the driver with one or more crimes related to drunk driving based on other evidence, such as. B speeding, speeding, sneaking from lane to lane, smelling of alcohol, inability to stand or walk, or other signs of intoxication. Chemical tests use blood, breath, urine or saliva to measure a person`s blood alcohol level. If you are arrested for an alcohol or drug offence, the police officer will likely ask you to undergo a chemical test. Under New York`s implied consent law, it is assumed that if you drive a car in that state, you have already given your consent to perform this type of test. In New York (and almost every other 50 states), the right to drive a car is a privilege subject to several conditions and restrictions.
One of the most important limitations of this type is the so-called “implied consent” to undergo a test that measures the amount of alcohol in a person`s bloodstream (blood alcohol level). By obtaining a driver`s license and driving a motor vehicle in the state, it is legally presumed that a driver has tacitly agreed to take a blood alcohol test if arrested on suspicion of drunk driving. If you`re worried about what New York`s implied consent law means to you or if you`ve been charged with DWI, call Lipsitz Green Scime Cambria.