New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 139 - Chemical Test Refusals › Section 139.2 - Police officer procedure upon arrest and arraignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any person who has been placed under
				  arrest for any violation of section 1192  of the Vehicle and Traffic Law (or who
				  has taken a breath test, pursuant to section 1194[1] of such law, which
				  indicates that the person has consumed alcohol) is requested to submit to a
				  chemical test, the police officer shall inform the person that the license or
				  permit to drive and any nonresident operating privilege shall be immediately
				  suspended and subsequently revoked for refusal to submit to such chemical test
				  or any portion thereof, whether or not the person is found guilty of the charge
				  for which he or she was arrested. If the person thereafter refuses to submit,
				  the test shall not be given unless a court order has been granted pursuant to
				  section 1194 (3)  of the Vehicle and
				  Traffic Law. The arresting police officer shall cause to be made a written
				  report of such refusal on a form provided by or acceptable to the commissioner,
				  verified as provided by law (Report of Refusal to Submit to Chemical Test). No
				  report shall be made if there was a compulsory test administered pursuant to
				  section 1194 (3)  of the Vehicle and
				  Traffic Law.
(b) If any person who
				  has been placed under arrest for any violation of section 49-a  of the Navigation Law (or who has
				  taken a breath test, pursuant to section 49-a[6] of such law, which indicates
				  the person has consumed alcohol) is requested to submit to a chemical test, the
				  police officer shall inform the person that the privilege to operate a vessel
				  shall be immediately suspended for refusal to submit to such chemical test,
				  whether or not the person is found guilty of the charge for which he or she was
				  arrested. If the person thereafter refuses to submit, the test shall not be
				  given unless a court order has been granted pursuant to section 49-a (8)  of the Navigation
				  Law. The arresting police officer shall cause to be made a written report of
				  such refusal on a form provided by or acceptable to the commissioner, verified
				  as provided by law (Report of Refusal to Submit to Chemical Test--Vessel). No
				  report shall be made if there was a compulsory test administered pursuant to
				  section 49-a (8)  of the Navigation
				  Law.
(c) If any person who has been
				  placed under arrest for any violation of section 25.24  of the Parks, Recreation and
				  Historic Preservation Law (or who has taken a breath test, pursuant to section
				  25.24[5][b] of such law, which indicates the person has consumed alcohol) is
				  requested to submit to a chemical test, the police officer shall inform the
				  person that the privilege to operate a snowmobile shall be immediately
				  suspended for refusal to submit to such chemical test, whether or not the
				  person is found guilty of the charge for which he or she was arrested. If the
				  person thereafter refuses to submit, the test shall not be given unless a court
				  order has been granted pursuant to section 25.24(7)(d)(4) of such law. The
				  arresting police officer shall cause to be made a written report of such
				  refusal on a form provided by or acceptable to the commissioner, verified as
				  provided by law (Report of Refusal to Submit to Chemical Test-- Snowmobile). No
				  report shall be made if there was a compulsory test administered pursuant to
				  section 25.24(7)(d)(4) of such law.
(d) Upon arraignment. Upon the arraignment of
				  the defendant, the police officer shall present to the court copies of the
				  report of refusal to submit to chemical test. The police officer shall bring
				  his or her own copy of such report to the refusal hearing at the location and
				  on the date and time specified in the temporary suspension and notice of
				  hearing form provided by the court.