Section 11-1205. Enforcement

1.  Police  officers  and officers named in subdivision one of section
  71-0907 of this chapter shall have power to enforce  the  provisions  of
  this  title  and  to  take  actions,  make  arrests,  and  conduct tests
  thereunder in pursuance of such enforcement.
    2. Any person engaged in hunting in this state shall be deemed to have
  given his consent to a chemical test of his  breath,  blood,  urine,  or
  saliva  for  the purpose of determining the alcoholic or drug content of
  his blood, provided that such test is administered at the direction of a
  police  officer  or  officer  of   the   department   of   environmental
  conservation:  (a)  having  reasonable grounds to believe such person to
  have been engaged in hunting in violation of any subdivision of  section
  11-1203  of  this title, and within two hours after such person has been
  placed under arrest for any such violation,  or  (b)  within  two  hours
  after  a  breath  test,  administered  pursuant  to  the  provisions  of
  subdivision one of  this  section,  indicates  that  alchohol  has  been
  consumed   by  such  person,  and  in  accordance  with  the  rules  and
  regulations established  by  the  law  enforcement  unit  of  which  the
  administering officer is a member.
    3.  If  such person, having been placed under arrest or after a breath
  test indicates  the  presence  of  alcohol  in  his  system  and  having
  thereafter  been requested to submit to chemical test, refuses to submit
  to such chemical test, the test shall not be given, and a report of such
  refusal shall be forwarded by the officer under whose direction the test
  was requested to the department  of  environmental  conservation  within
  seventy-two  hours and the department shall revoke all licenses, stamps,
  and permits to hunt which such person may  possess;  provided,  however,
  that such revocation shall become effective only after a hearing held by
  the department upon notice to such person, unless such hearing is waived
  by such person.
    4.  A  license,  stamp,  or  permit  to  hunt may, upon the basis of a
  report, verified as hereinafter provided, of the  administering  officer
  that  he  had  reasonable  grounds  to  believe such person to have been
  engaged in conduct in violation of any subdivision of section 11-1203 of
  this title and that said person had refused to submit to such  test,  be
  temporarily  suspended without notice pending the determination upon any
  such hearing. Such report may be verified by having the report sworn to,
  or by affixing to such report a form notice that false  statements  made
  therein  are  punishable  as  a  class A misdemeanor pursuant to section
  210.45 of the penal law and such form notice together with the signature
  of the deponent shall constitute a verification of the report.
    5. No license, stamp, or permit to hunt shall be revoked because of  a
  refusal  to  submit  to  such  chemical  test  if the hearing officer is
  satisfied that the person requested to submit to such chemical test  had
  not  been  warned  prior to such refusal to the effect that a refusal to
  submit to such chemical test  may  result  in  the  revocation  of  such
  license,  stamp,  or permit to hunt whether or not he is found guilty of
  the charge for which he has been arrested.
    6. The department of health shall issue and file rules and regulations
  approving  satisfactory  techniques  or  methods,   to   ascertain   the
  qualifications  and  competence  of individuals to conduct and supervise
  chemical analyses of a person's blood, urine, breath or saliva.  If  the
  analyses  were  made  by an individual possessing a permit issued by the
  department of health,  this  shall  be  presumptive  evidence  that  the
  examination  was  properly  given. The provisions of this subdivision do
  not prohibit the introduction as evidence of  an  analysis  made  by  an
  individual  other  than  a  person  possessing  a  permit  issued by the
  department of health.