What constitutes a refusal to take a chemical test in New York?

In New York, refusing to take a chemical test mainly centers around the lack of compliance when asked to provide a sample, specifically a breath sample in most situations. When a driver is stopped on suspicion of DWI, the law under the implied consent statute mandates that they must submit to chemical testing. Therefore, not providing a breath sample is considered a refusal because it directly contradicts this legal obligation.

It's important to understand that the consequences of refusing a chemical test can be severe, including automatic license suspension and possible fines. When a person is asked to take this test, compliance is crucial since the person impliedly consented to tests by operating a vehicle in New York. Hence, the failure to provide a breath sample best aligns with the legal definition of refusal in this context.