People v. Thomas, 70 N.Y.2d 823 (1987)
In New York, informing a driver of consequences beyond statutory license suspension/revocation for refusing a breathalyzer test does not automatically invalidate a subsequent breathalyzer test if probable cause exists and the driver ultimately consents.
Summary
The New York Court of Appeals affirmed a County Court order, holding that a breathalyzer test was admissible even though the police informed the defendant of consequences for refusal beyond those explicitly stated in Vehicle and Traffic Law § 1194 (2). The Court reasoned that the statute is not violated when officers inform a person of all the consequences of refusing a breathalyzer, and there was independent support for the suppression court’s finding of probable cause to administer the test.
Facts
The defendant was arrested for driving while intoxicated. The arresting officer requested the defendant submit to a breathalyzer test. The officer informed the defendant that if he refused, his license would be immediately suspended and subsequently revoked, as required by Vehicle and Traffic Law § 1194 (2). The officer also informed the defendant that refusal would result in arraignment before a Magistrate and the posting of bail. Initially, the defendant refused the test but subsequently agreed to take it.
Procedural History
The defendant sought to suppress the breathalyzer test results, arguing that the police violated Vehicle and Traffic Law § 1194 (2) by administering the test after his initial refusal and by informing him of consequences not specified in the statute. The County Court denied the suppression motion. The Court of Appeals affirmed the County Court’s order, upholding the admissibility of the breathalyzer test results.
Issue(s)
Whether the police violated Vehicle and Traffic Law § 1194 (2) by administering a breathalyzer test after the defendant’s initial refusal, and by informing him of consequences of refusal beyond license suspension/revocation.
Holding
No, because the statute does not prohibit informing a driver of all consequences of refusing a breathalyzer test, and independent probable cause existed for the arrest.
Court’s Reasoning
The Court of Appeals reasoned that Vehicle and Traffic Law § 1194 (2) requires informing a driver that their license will be immediately suspended and subsequently revoked for refusing a breathalyzer. However, the Court found that the statute does not prohibit informing the driver of other potential consequences beyond the specific statutory warning. The Court stated, “Contrary to defendant’s assertion, the statute is not violated by an arresting officer informing a person as to the consequences of his choice to take or not take a breathalyzer test.” The Court also emphasized that the suppression court’s finding of probable cause was supported by the record, and the Court of Appeals’ review process ends when such support exists, citing People v. Jones, 69 N.Y.2d 853, 855. This affirms that even if additional, non-statutory consequences are mentioned, a subsequent consent to the test is valid if probable cause is established.