NY Env Conserv L § 11-1205 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 12 - Hunting While Intoxicated 11-1205 - Enforcement.

§ 11-1205. Enforcement.1.  Police  officers  and officers named in subdivision one of section   71-0907 of this chapter shall have power to enforce  the  provisions  of   this  title  and  to  take  actions,  make  arrests,  and  conduct tests   thereunder in pursuance of such enforcement.2. Any person engaged in hunting in this state shall be deemed to have   given his consent to a chemical test of his  breath,  blood,  urine,  or   saliva  for  the purpose of determining the alcoholic or drug content of   his blood, provided that such test is administered at the direction of a   police  officer  or  officer  of   the   department   of   environmental   conservation:  (a)  having  reasonable grounds to believe such person to   have been engaged in hunting in violation of any subdivision of  section   11-1203  of  this title, and within two hours after such person has been   placed under arrest for any such violation,  or  (b)  within  two  hours   after  a  breath  test,  administered  pursuant  to  the  provisions  of   subdivision one of  this  section,  indicates  that  alchohol  has  been   consumed   by  such  person,  and  in  accordance  with  the  rules  and   regulations established  by  the  law  enforcement  unit  of  which  the   administering officer is a member.3.  If  such person, having been placed under arrest or after a breath   test indicates  the  presence  of  alcohol  in  his  system  and  having   thereafter  been requested to submit to chemical test, refuses to submit   to such chemical test, the test shall not be given, and a report of such   refusal shall be forwarded by the officer under whose direction the test   was requested to the department  of  environmental  conservation  within   seventy-two   hours  and  the  department  shall  revoke  all  licenses,   bowhunting privileges, muzzle-loading privileges, and  permits  to  hunt   which  such  person may possess; provided, however, that such revocation   shall become effective only after a hearing held by the department  upon   notice to such person, unless such hearing is waived by such person.4.  A  license,  bowhunting  privilege,  muzzle-loading  privilege, or   permit to hunt may, upon the basis of a report, verified as  hereinafter   provided, of the administering officer that he had reasonable grounds to   believe  such person to have been engaged in conduct in violation of any   subdivision of section 11-1203 of this title and that  said  person  had   refused  to submit to such test, be temporarily suspended without notice   pending the determination upon any such  hearing.  Such  report  may  be   verified  by having the report sworn to, or by affixing to such report a   form notice that false statements made therein are punishable as a class   A misdemeanor pursuant to section 210.45 of the penal law and such  form   notice  together  with  the signature of the deponent shall constitute a   verification of the report.5. No license,  bowhunting  privilege,  muzzle-loading  privilege,  or   permit  to  hunt shall be revoked because of a refusal to submit to such   chemical test if the  hearing  officer  is  satisfied  that  the  person   requested  to  submit to such chemical test had not been warned prior to   such refusal to the effect that a refusal to  submit  to  such  chemical   test may result in the revocation of such license, bowhunting privilege,   muzzle-loading  privilege,  or permit to hunt whether or not he is found   guilty of the charge for which he has been arrested.6. The department of health shall issue and file rules and regulations   approving  satisfactory  techniques  or  methods,   to   ascertain   the   qualifications  and  competence  of individuals to conduct and supervise   chemical analyses of a person's blood, urine, breath or saliva.  If  the   analyses  were  made  by an individual possessing a permit issued by the   department of health,  this  shall  be  presumptive  evidence  that  the   examination  was  properly  given. The provisions of this subdivision do   not prohibit the introduction as evidence of  an  analysis  made  by  an    individual  other  than  a  person  possessing  a  permit  issued by the   department of health.