New York DMV Permit Written TestAlcohol and Drug LawsHard
A driver is pulled over and suspected of being impaired by drugs, but not alcohol. The officer requests a chemical test. If the driver refuses, what specific type of license action will be taken by the New York DMV?
- AA temporary 30-day license suspension followed by a hearing.
- BA mandatory re-test of driving skills after 6 months.
- CRevocation of driving privileges for at least one year.
- DImmediate indefinite license suspension until a court order is issued.
Show answer & explanationAnswer & explanation
Correct answer: C. Revocation of driving privileges for at least one year.
Under New York's Implied Consent Law, refusal to submit to a chemical test for drugs (or alcohol) results in an immediate license suspension, followed by a DMV refusal hearing. If upheld, the penalty for a first refusal is revocation of driving privileges for at least one year, along with a civil penalty.
Why the other options are wrong
- A. While there's an immediate suspension, the specific duration and subsequent penalties for refusal are more severe than a temporary 30-day suspension.
- B. A re-test of driving skills is not the primary or immediate consequence of refusing a chemical test for drugs.
- D. The suspension is immediate, but it's not indefinite; it leads to a specific revocation period after a hearing.
Refusal to Test (Drugs NY)
Under New York's Implied Consent Law, refusing a chemical test for drug impairment carries the same severe penalties as refusing for alcohol, including immediate license suspension and subsequent revocation for at least one year.
- Implied Consent applies to both alcohol and drugs.
- Immediate license suspension upon refusal.
- First refusal results in license revocation for at least 1 year.
- Civil penalty of $500 for first refusal.
Memory trick: Refuse the drug test, your license rests, for a year or more, put that to the test.