People v. Washington

Angiolillo, J.P

(dissenting). On August 30, 2010, at 3:30 a.m., the defendant signed a consent form in which she agreed to submit to a chemical breath test to determine her blood alcohol content (hereinafter BAG). Her consent was valid under applicable statutory provisions and case law. Every motorist arrested for driving while intoxicated is deemed to consent to a chemical test (see Vehicle and Traffic Law § 1194 [2] [a]; People v Hall, 61 NY2d 834, 835 [1984]), and any motorist may, without an attorney’s assistance, effectively waive the qualified statutory right to refuse the test (see…