Blood Alcohol Test Refusal NY
Reader’s Question:
Hi. I don’t have a DUI charge in my record but I’m just curious because a friend of mine already has one. I’m just trying to avoid the possibility of getting pulled over one day because of drunk driving, and if ever I would, I just need to know what will happen if I refuse to be tested for blood alcohol level.
Mabelle
Bronx, NY
Thanks for asking, Mabelle. Your kind of thinking in advance but it’s a good thing that you know the necessary things you need to do if you get pulled over for a drunk driving incident.
In the State of New York, you will face a mandatory license sanctions which involves adding points to your driving record and suspension of your license. These are all under the “implied consent” law. The arresting officer may also seek a search warrant which allows them to take a blood sample for testing. This blood sample should be drawn by a professional and it usually occurs at a clinic or hospital, not at the police station. The “implied consent” law means that driving your car on the public roadways, you agree to take “chemical tests,” such as urine, blood or breath test if you are arrested as an impaired driver. The state can add points to your driving record and administratively suspend your driver’s license if you refuse to take a test after being arrested.
Hope this information can help you avoid DUI charges in the future, and if you get to be pulled over because of drunk driving, remember not to refuse to be tested if you don’t want your license to be suspended.
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