The former director of the Rochester International Airport is facing serious consequences in the wake of a traffic accident authorities attribute to drunk driving.

Susan Walsh was driving a county-owned vehicle late last month when she rear-ended a car that was stopped at a red light. Police who responded to the scene reported that Walsh failed three field sobriety tests but refused a Breathalyzer test.

Walsh has been charged with misdemeanor DWI and resigned her position in the wake of the scandal. In addition to these consequences, she also faces penalties under New York's implied consent law for refusing a breath test.

New York Implied Consent Law

Under New York law, every driver who operates a motor vehicle on the state's roads is presumed to have given consent to a chemical sobriety test. Implied consent applies to breath tests as well as blood, urine and saliva tests and includes testing for both drugs and alcohol.

Despite this, the police cannot force somebody to submit to a chemical sobriety test. Drivers who are arrested for DWI have the right to choose to refuse to take a Breathalyzer. However, the penalties for refusing a sobriety test in New York are stiff.

On a first offense, drivers who refuse a sobriety test will have their licenses revoked for at least one year and will be fined $500. On a second offense, the revocation period is increased to 18 months and the fine is increased to $750. These penalties are automatic and are in addition to the criminal consequences of the underlying DWI charge.

On the other hand, some people believe that the risk of losing their license is better than taking a breath test they know will provide incriminating information.

If you are arrested for DWI, you will need to weigh these alternatives and make the choice that is best for you. Either way, you will need representation from a dedicated and skilled New York DWI attorney.

Source: WHAM, "Airport Director Susan Walsh Arrested for DWI," Sean Carroll, Dec. 23, 2011.