§ 11-1205 — Enforcement

§ 11-1205. Enforcement.\n 1. Police officers and officers named in subdivision one of section\n71-0907 of this chapter shall have power to enforce the provisions of\nthis title and to take actions, make arrests, and conduct tests\nthereunder in pursuance of such enforcement.\n 2. Any person engaged in hunting in this state shall be deemed to have\ngiven his consent to a chemical test of his breath, blood, urine, or\nsaliva for the purpose of determining the alcoholic or drug content of\nhis blood, provided that such test is administered at the direction of a\npolice officer or officer of the department of environmental\nconservation: (a) having reasonable grounds to believe such person to\nhave been engaged in hunting in violation of any subdivision of section\n11-1203 of this title, and within two hours after such person has been\nplaced under arrest for any such violation, or (b) within two hours\nafter a breath test, administered pursuant to the provisions of\nsubdivision one of this section, indicates that alchohol has been\nconsumed by such person, and in accordance with the rules and\nregulations established by the law enforcement unit of which the\nadministering officer is a member.\n 3. If such person, having been placed under arrest or after a breath\ntest indicates the presence of alcohol in his system and having\nthereafter been requested to submit to chemical test, refuses to submit\nto such chemical test, the test shall not be given, and a report of such\nrefusal shall be forwarded by the officer under whose direction the test\nwas requested to the department of environmental conservation within\nseventy-two hours and the department shall revoke all licenses,\nbowhunting privileges, muzzle-loading privileges, and permits to hunt\nwhich such person may possess; provided, however, that such revocation\nshall become effective only after a hearing held by the department upon\nnotice to such person, unless such hearing is waived by such person.\n 4. A license, bowhunting privilege, muzzle-loading privilege, or\npermit to hunt may, upon the basis of a report, verified as hereinafter\nprovided, of the administering officer that he had reasonable grounds to\nbelieve such person to have been engaged in conduct in violation of any\nsubdivision of section 11-1203 of this title and that said person had\nrefused to submit to such test, be temporarily suspended without notice\npending the determination upon any such hearing. Such report may be\nverified by having the report sworn to, or by affixing to such report a\nform notice that false statements made therein are punishable as a class\nA misdemeanor pursuant to section 210.45 of the penal law and such form\nnotice together with the signature of the deponent shall constitute a\nverification of the report.\n 5. No license, bowhunting privilege, muzzle-loading privilege, or\npermit to hunt shall be revoked because of a refusal to submit to such\nchemical test if the hearing officer is satisfied that the person\nrequested to submit to such chemical test had not been warned prior to\nsuch refusal to the effect that a refusal to submit to such chemical\ntest may result in the revocation of such license, bowhunting privilege,\nmuzzle-loading privilege, or permit to hunt whether or not he is found\nguilty of the charge for which he has been arrested.\n 6. The department of health shall issue and file rules and regulations\napproving satisfactory techniques or methods, to ascertain the\nqualifications and competence of individuals to conduct and supervise\nchemical analyses of a person's blood, urine, breath or saliva. If the\nanalyses were made by an individual possessing a permit issued by the\ndepartment of health, this shall be presumptive evidence that the\nexamination was properly given. The provisions of this subdivision do\nnot prohibit the introduction as evidence of an analysis made by an\nindividual other than a person possessing a permit issued by the\ndepartment of health.\n