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.
The attorneys with the DWI GUYS are experienced in handling DWI cases. If you need a lawyer who can help you obtain the best possible outcome in your DWI case, call the DWI GUYS at 1-800-394-8326.
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.