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New York Class D Permit Practice Test
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After a DWI arrest, a driver refuses to take a breath test. Months later, the court finds him not guilty of DWI. What happens to his license because of the refusal?
Correct answer: It is revoked if a DMV hearing confirms that he refused the test
Why
Under New York's implied consent law, refusing a chemical test after an arrest has its own consequences. The court suspends the license at arraignment, the refusal can be raised at the DWI trial, and a DMV hearing decides whether the driver refused. For a first refusal, the revocation lasts at least one year and comes with a $500 civil penalty. Taking the test when asked avoids this separate penalty.
Verified against New York State Driver's Manual · Chemical Tests · p. 56
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