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.
Structure New York Laws