N.Y. Environmental Conservation Law § 11-1205: Enforcement

§ 11-1205. Enforcement.

1. Police officers and officers named in subdivision one of section

71-0907 of this chapter shall have power to enforce the provisions of

this title and to take actions, make arrests, and conduct tests

thereunder in pursuance of such enforcement.

2. Any person engaged in hunting in this state shall be deemed to have

given his consent to a chemical test of his breath, blood, urine, or

saliva for the purpose of determining the alcoholic or drug content of

his blood, provided that such test is administered at the direction of a

police officer or officer of the department of environmental

conservation: (a) having reasonable grounds to believe such person to

have been engaged in hunting in violation of any subdivision of section

11-1203 of this title, and within two hours after such person has been

placed under arrest for any such violation, or (b) within two hours

after a breath test, administered pursuant to the provisions of

subdivision one of this section, indicates that alchohol has been

consumed by such person, and in accordance with the rules and

regulations established by the law enforcement unit of which the

administering officer is a member.

3. If such person, having been placed under arrest or after a breath

test indicates the presence of alcohol in his system and having

thereafter been requested to submit to chemical test, refuses to submit

to such chemical test, the test shall not be given, and a report of such

refusal shall be forwarded by the officer under whose direction the test

was requested to the department of environmental conservation within

seventy-two hours and the department shall revoke all licenses,

bowhunting privileges, muzzle-loading privileges, and permits to hunt

which such person may possess; provided, however, that such revocation

shall become effective only after a hearing held by the department upon

notice to such person, unless such hearing is waived by such person.

4. A license, bowhunting privilege, muzzle-loading privilege, or

permit to hunt may, upon the basis of a report, verified as hereinafter

provided, of the administering officer that he had reasonable grounds to

believe such person to have been engaged in conduct in violation of any

subdivision of section 11-1203 of this title and that said person had

refused to submit to such test, be temporarily suspended without notice

pending the determination upon any such hearing. Such report may be

verified by having the report sworn to, or by affixing to such report a

form notice that false statements made therein are punishable as a class

A misdemeanor pursuant to section 210.45 of the penal law and such form

notice together with the signature of the deponent shall constitute a

verification of the report.

5. No license, bowhunting privilege, muzzle-loading privilege, or

permit to hunt shall be revoked because of a refusal to submit to such

chemical test if the hearing officer is satisfied that the person

requested to submit to such chemical test had not been warned prior to

such refusal to the effect that a refusal to submit to such chemical

test may result in the revocation of such license, bowhunting privilege,

muzzle-loading privilege, or permit to hunt whether or not he is found

guilty of the charge for which he has been arrested.

6. The department of health shall issue and file rules and regulations

approving satisfactory techniques or methods, to ascertain the

qualifications and competence of individuals to conduct and supervise

chemical analyses of a person's blood, urine, breath or saliva. If the

analyses were made by an individual possessing a permit issued by the

department of health, this shall be presumptive evidence that the

examination was properly given. The provisions of this subdivision do

not prohibit the introduction as evidence of an analysis made by an

individual other than a person possessing a permit issued by the

department of health.