New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter J - Driver Rehabilitation Programs
Part 139 - Chemical Test Refusals
Section 139.1 - Introduction

Section 1194 of the Vehicle and Traffic Law provides for the temporary suspension and subsequent revocation of a license or operating privilege when a person refuses to submit to a chemical test. Section 49-a of the Navigation Law provides for the temporary suspension and subsequent suspension of the privilege of operating a vessel when a person refuses to submit to a chemical test. Section 25.24 of the Parks, Recreation and Historic Preservation Law contains a similar provision regarding refusing a chemical test when operating a snowmobile. In order to facilitate the orderly taking and recording of such actions, and to insure that hearings are held in timely fashion, these regulations are promulgated pursuant to the authority contained in section 1194 of the Vehicle and Traffic Law, section 25.24 of the Parks, Recreation and Historic Preservation Law and section 49-a of the Navigation Law. Unless otherwise noted, commissioner shall refer to the Commissioner of Motor Vehicles, and department shall refer to the Department of Motor Vehicles.