In A New York DUI And DWI Case Does The Two Hour Rule Exclude Testimony of a Refusal

In New York DWI and DUI cases there used to exist a two hour rule which applied to the exclusion from evidence of a chemical test result that was performed more than two hours after the arrest of the motorist. This rule was also applied in the New York DMV to exclude into evidence at the DMV refusal hearing a refusal to take a chemical test. There has been a shift in the law that goes back several years that states that a chemical test performed 2 hours after the arrest is admissible at trial and a more recent shift in the DMV refusal hearing rules not to exclude a refusal that was more than two hours past the arrest.

If you have any questions about a DWI, DUI, DWAI, DWAI by drugs please contact us at 917-744-6593 and you will be speaking with an attorney for a free consultation.