The Chemical Test
Veh. & Traf. Law § 1194 — consent is implied, a refusal suspends the license at once, and revocation lasts at least a year
A breath test at the roadside. A driver whose vehicle has been in an accident, or who is driving in violation of any provision of the vehicle and traffic law, submits to a breath test at a police officer's request. If it shows alcohol, the officer may ask for a chemical test.
Consent is implied. Anyone who drives in New York is deemed to have consented to a chemical test of breath, blood, urine or saliva, given at a police officer's direction within two hours after an arrest for an impaired or drunk driving offense, or within two hours after a roadside breath test shows alcohol.
A refusal. A driver who refuses, after being told that the license will be suspended at once and later revoked for refusing, whether or not the driver is found guilty of the charge, is not given the test unless a court orders it. The officer makes a written report of the refusal, which is presented to the court at arraignment.
The driver is entitled to a hearing, and if the department does not provide one within fifteen days after the arraignment, the license is reinstated until the hearing. The hearing decides whether the officer had reasonable grounds, whether the arrest was lawful, whether the driver was clearly warned of the consequence, and whether the driver refused. A finding against any of them ends the suspension; findings for all of them mean revocation.
At least one year, and a civil penalty. A license revoked for a refusal is not restored for at least one year, or eighteen months where there was an earlier refusal revocation, or an impaired or drunk driving conviction not from the same incident, within the five years before. The driver also owes a civil penalty of $500, or $750 for a second revocation within five years.
A refusal is admissible at trial only on a showing that the driver was warned of its effect in clear and unequivocal language and persisted in refusing.
Sources for this section (1)
- Veh. & Traf. Law § 1194 — Arrest and testing
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.