A 3-minute lesson from the New York course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.
By driving in New York you have already agreed to a chemical test if you're arrested. Refusing doesn't help: refusal carries its own revocation and civil penalty. Drivers under 21 face a Zero Tolerance law that punishes even small amounts of alcohol.
Implied Consent
New York law: by driving in the state you are considered to have consented to a chemical test of breath, blood, urine or saliva if arrested for an alcohol or drug violation.
Refusal is a separate issue from guilt. If you refuse after arrest, your license is suspended when you're arraigned, and the refusal can be brought up at your trial.
The legal age to buy and possess alcohol in New York is 21. Under Zero Tolerance, it's a violation for anyone under 21 to drive with any measurable BAC (.02 to .07).
Using a driver license or non-driver ID as proof of age to illegally buy alcohol requires suspension of your license or of your privilege to apply for one.
Open container law: drinking alcohol, having an open container of alcohol, or consuming marijuana/cannabis in a vehicle on a public highway, street or road is a traffic infraction for drivers and passengers alike.
First open container conviction: fine up to $150, a mandatory surcharge, a crime victim assistance fee and possibly 15 days in jail. More offenses within 18 months bring higher penalties.
Passengers in stretch limousines and other vehicles with a commerce certificate or permit from the U.S. or NYS Department of Transportation are exempt from the open container law.
You're 19 and had one beer at a barbecue two hours ago. Stopped at a checkpoint, you test at .03. That's a Zero Tolerance violation: a six-month suspension, then $225 in fees and penalties to get relicensed.
Check your understanding
Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.
Under New York's Implied Consent law, what have you already agreed to by driving in the state?
Nothing; consent is given at arrest
To take a chemical test if arrested
To automatically plead guilty if tested
To a search of your vehicle
Answer: To take a chemical test if arrested
Under Implied Consent, driving in New York means you've already agreed to take a chemical test if arrested.