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Do I have to submit to DNA testing if I'm convicted for DWI?

by Seth Azria on 6/05/2013

The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows:

DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI.

In recent years some states have passed laws that allow officers to collect DNA from someone who has been merely arrested. The information is uploaded into a national database run by the government in order to find matches with unsolved crimes. At this time, New York does not have a law that requires the collection of DNA at the time of arrest unless a sample is already due pursuant to a previous conviction. Nonetheless, the recent Supreme Court decision of Maryland v. King is an example of how this area of law is expanding.

Anyone facing a DWI charge in New York has the potential of having to submit to a DNA collection and a $55 fee pursuant to Penal Law 60.35. Questions, comments, or concerns about this process should be brought to the attention of your attorney immediately so that the matter can be addressed.

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