不懂不要胡说。听了你的就麻烦大了。。看下面。

来源: 2022-03-16 06:24:37 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

NY Veh & Traf L § 1194 explains the procedures a police officer must follow in offering a breathalyzer test, and outlines the procedures and consequences following a driver’s refusal of this test. Chemical test refusal, as the law calls it, is technically a civil offense. The offense is defined as follows:

Offense Details:

  • V&T Code: § 1194(2)
  • Offense Title: *Not officially named but commonly referred to as “chemical test refusal”
  • Designation: Civil offense

Offense Definition:

  • Refusing to submit to a chemical test or any portion thereof when the police officer
    • had reasonable grounds to believe the driver operated a motor vehicle after having consumed alcohol 
    • requested that the driver submit to a chemical test 
    • informed the driver that their license or permit to drive and any non-resident operating privilege shall be revoked for refusal to submit to such chemical test or any portion thereof, whether or not there is a finding of driving after having consumed alcohol

Penalties:

  • Fine: $500
    • BUT if prior DWI-related offense in past 5 years, fine is $750
  • Driver responsibility assessment fee: $250 a year for 3 years
  • Reinstatement fee: $100
  • License revocation: 
    • IF first offense, minimum of 1 year
    • IF prior DWI-related offense in past 5 years, minimum of 18 months

Other Consequences:

  • Cannot get a conditional license to drive under limited circumstances during one’s license suspension or revocation period
  • Can be used as evidence against one in their DWI case
  • Police can hold a driver that refuses a breathalyzer or chemical test in custody pending their administrative hearing