Which of the following statements about driving while intoxicated (DWI) is true?

Correct answer

  • If you refuse a chemical test, you cannot be convicted.
  • Chemical tests cannot be used as evidence to convict you.
  • You can be convicted even without a chemical test.


The results of a chemical test are admissible as evidence in a court of law. Still, it doesn't pay to refuse a chemical test. The testimony of a police officer about the way you drive, your appearance, and your behavior when arrested can provide enough evidence to convict you, even without a chemical test. And under New York State law, if you refuse a chemical test, you'll have to pay a $500 fine and your driver license will be revoked for one year. After that, you'll have to apply for a new driver license.

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