New York Implied Consent
A New York Implied Consent Lawyer can tell you that most people do not realize that, just by driving in the state of New York, each driver has consented to a chemical test to determine their blood alcohol concentration (BAC). By signing for your New York driver’s license, you agreed to the New York Implied Consent law. A refusal to submit to this test can result in not only criminal sanctions, but civil penalties as well. If you are asked to submit a urine, blood or Breathalyzer test and you refuse, the police should inform you of the “implied consent warnings.” If you refuse a test, no test can be given to you without the police first obtaining a court order.
The Implied Consent warning states that if you refuse to take a chemical test, it can result in a suspension of your driver’s license for one year with a first refusal. If you are commercial driver, your license can be suspended for 18 months. If it is your second refusal within 5 years, your license can be suspended for 18 months. If you have a commercial license, a second refusal can result in a permanent suspension of your license. If the driver is under the age of 21, they can lose their license for one year for the first refusal, and 18 months for the second refusal.
Your dedicated New York DWI Lawyer from Stephen Bilkis & Associates, PLLC can explain to you that by refusing this test, you can be subject to civil penalties as well. You can be responsible for a fine for the first refusal, and larger fine for the second. You can be held liable for these fines even if you are found not guilty in court.
When you refuse a test, it can be submitted in court as evidence of your guilt. The prosecution can argue that you refused to take the test because you knew that you were intoxicated. If however, you were not read the Implied Consent warning, your New York DWI Lawyer may be able to use this to your advantage and contend that you did not realize the consequences of your actions.
Facing a DWI or DWAI charge is never easy. It is vitally important to give yourself every chance at success with your case and contact an experienced New York DWI Lawyer from Stephen Bilkis & Associates, PLLC. We can provide you with legal guidance, and can ensure that your rights are protected through every step of the process. When you come in, we can also provide you with a free consultation. Contact our office today at 800.696.9529. We have offices serving New York City, including Queens, Manhattan, the Bronx, Brooklyn and Staten Island. Or, come and see us in our Suffolk County or Nassau County offices on Long Island. We also have offices in Westchester County for your convenience.