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MATTER OF ENDARA-CAICEDO v. NEW YORK STATE DEPT. OF MOTOR VEHS.

11020.

180 A.D.3d 499 (2020)

115 N.Y.S.3d 880

2020 NY Slip Op 01018

In the Matter of Pedro Endara-Caicedo, Appellant, v. New York State Department of Motor Vehicles et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 13, 2020.

We hold that Vehicle and Traffic Law § 1194(2) permits the refusal of a motorist arrested for operating a motor vehicle while under the influence of alcohol or drugs to submit to a chemical test to be used against the motorist in administrative license revocation hearings even if the chemical test is offered, and the refusal occurs, more than two hours after the motorist's arrest. This interpretation of the statute is supported by its legislative history, which indicates...

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