DWI Chemical Tests and The Two-Hour Rule

The two-hour rule is not applicable in situations where the DWI suspect expressly refuses to take a chemical test. The Department of Motor Vehicles has issued an opinion on the admissibility of evidence of a chemical test refusal given more than two hours after a DWI suspect’s arrest. The opinion discusses the case of People v. Ward. The court in Ward held that if evidence of the results of a chemical test expressly consented to by a DWI suspect and administered after two hours is admissible in court, then evidence of a refusal to take such a test, obtained after two hours, is also admissible. Given the court’s decision in Ward, the two-hour rule is inapplicable to chemical test refusals by DWI suspects.

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DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.  Corporate offices for The DWI GUYS are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-800-394-8326.  Prior results do not guarantee a similar outcome.  

Posted Under: DWI Incrimination