Quote:
Originally Posted by widgeon13
New York law requires you to take a blood, breath, urine, or saliva test if you are arrested for a DWI. New York’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your blood, breath, urine or saliva for the purpose of determining your blood alcohol content (BAC). The officer gets to choose which test you take and the test must be taken within two hours from when you were last driving. You have the right to have additional tests taken by a medical professional of your choice only if you first submit to the test requested by the officer.
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Pretty much the same here in Washington - you must first be arrested, along with all of the probable cause requirements that go with that, before the test becomes mandatory. Prior to actual arrest, it is strictly voluntary. Many of our dishonest cops will try to intimidate folks into taking the test, saying they will arrest them if they don't. Refusing the test is not grounds for arrest, since you legally don't have to submit until you are arrested.