DWI Defense Lawyers in NY

Understanding the Implied Consent Law

Normally, the police cannot coerce you into giving evidence against yourself. However, there is a major exception: the implied consent law. If you refuse to take a chemical test after a traffic stop, you can be penalized. To learn more, consult a DWI lawyer in New York today.

At Anelli Xavier, PC, we provide strong DWI defense. No matter where you are charged in New York State, we are confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. Don't hesitate to contact us to discuss any of the consequences of the implied consent law.

Why Can You Be Penalized for Refusing a Test?

If you are asked to take a chemical test after a traffic stop or auto accident, from the perspective of New York Law, you have actually already said yes. Your implied consent for breath, blood and urine testing goes into effect the moment you:

• Accept a New York driver's license, or
• Drive in New York using a license from another state or country.

If you refuse the test at this point, you could be forced to pay a fine, and your driver's license could be revoked for a year or more. A refusal on your record could also mean harsher penalties in a future alcohol or drug-related driving case.

The police may allow you to call an attorney before deciding whether to take a chemical test, but if you cannot get in touch with a lawyer, you will need to make a decision on your own.

What Tests Are and Are Not Covered?

New York's implied consent law does not apply to field sobriety tests such as following a pen with your eyes, walking and turning, or standing on one leg. If you are asked to take one or more of these notoriously unreliable tests, you have every right to refuse.

To learn more about your rights under the implied consent law, contact us today at 866-492-4306 or by e-mail. We have knowledgeable New York DWI lawyers on call 24/7.