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NYC DWI defense attorneyIf you are pulled over by a law enforcement officer under suspicion of driving while intoxicated (DWI) or any other traffic violation, you are protected by certain constitutional rights. For example, you are not required to consent to a search of your vehicle if the officer does not have a warrant, and you are not required to answer an officer's questions in a way that could implicate you or be used against you in a legal proceeding. However, under New York’s implied consent law, you are required to submit to an officer’s request for you to undergo a blood alcohol concentration (BAC) test, or else face consequences related to your driver’s license.

Understanding Implied Consent in New York

In the State of New York, drivers are considered to have given “implied consent” to a chemical test in the event that they are arrested for DWI. Often, this testing consists of an initial breath test in the field, and it may be followed by an additional test of the driver’s blood, urine, or saliva once the driver is brought to a police station. Under New York law, the legal BAC limit is 0.08 in most circumstances, and a test result above this number can be used as evidence in support of a DWI conviction.

You may think that refusing a chemical test will prevent an officer from obtaining the evidence necessary to place you under arrest, but this is not necessarily the case. If, upon observing your behavior, the officer has a reasonable suspicion that you are under the influence of alcohol, you may still be arrested even without BAC test results.

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