| State | Evidentiary Test | Admissibility of Test Refusal as Evidence in Court/Other Relevant Statutes | Mandatory Test/ “Reasonable Force”/With Search Warrant or Court Order | Medical Liability |
|---|---|---|---|---|
Alabama |
Based on Serious-Injury Collision and Reasonable Grounds for Standard DWI Section 32-5-200(a): “Any person who operates a motor vehicle on the public highways of this state who is involved in an accident that results in death or serious physical injury to any person shall be deemed to have given consent to a test of his or her blood for the purpose of determining the alcoholic content of his or her blood or the presence of amphetamines, opiates, or cannabis. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person, while driving a motor vehicle on the public highways of this state, was under the influence of alcohol… ” |
Admissible in criminal and civil cases Section 32-5A-194(c) Section 32-5-192.1(a): Refusing to submit to a test under the Accident Related Implied Consent Law – 2 year mandatory administrative license suspension; but could be reduced if found not at-fault. | Court Order Section 32-5-200 (d): “If a person refuses to submit to a test, none shall be given, unless a court order has been obtained ordering the person to submit to a test…” | Not Liable Section 32-5A-194(5d) |
Alaska |
Based on Being Involved in a Serious-Injury Collision Only Section 28.35.031(g): “A person who operates or drives a motor vehicle in this state shall be considered to have given consent to a chemical test or tests of the person’s breath and blood for the purpose of determining the alcoholic content of the person’s breath and blood and shall be considered to have given consent to a chemical test or tests of the person’s blood and urine for the purpose of determining the presence of controlled substances in the person’s blood and urine if the person is involved in a motor vehicle accident that causes death or serious physical injury to another person. The test or tests may be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was operating or driving a motor vehicle in this state that was involved in an accident causing death or serious physical injury to another person.” |
Admissible in criminal and civil cases Sections 28.35.032(e) & 28.35.285(c) Section 28.35.032(a) “…refusal is a crime”; (g) “… refusal is a class A misdemeanor” | Administration of Chemical Test Without Consent Section 28.35.035(a) “If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle, aircraft, or watercraft while intoxicated, and that arrest results from an accident that causes death or physical injury to another person, a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in that person’s breath or blood or to determine the presence of controlled substances in that person’s blood and urine.” Warrant Issued by Judicial Officer Section 28.35.031(h) |
|
Arizona |
Based on Involvement in Serious-Injury Collision and Caused the Collision §28-673(A): “A person who operates a motor vehicle within this state gives consent to a test or tests of the person’s blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration of drug content if the person is involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation…” |
Admissible in criminal and civil cases §28-1388 (D) | Warrant Issued by Judicial Officer §28-673 (D): “If a person refuses to submit to the test designated by the law enforcement agency … (1) the test shall not be given, except as provided in section 28-1388 [medical testing], subsection E [caused accident] or pursuant to a search warrant.” §28-673 (H): “Nothing in this section [DWI arrest where no one is injured] shall be construed to restrict searches or seizures under a warrant issued by a judicial officer, in addition to a test permitted under this section.” |
Not Liable §28-1388 (H) |
Arkansas(Dept of Arkansas State Police maintains database; used only for stat purposes) |
Based on Involvement in Serious-Injury Collision and Probable Cause for Standard DWI §5-65-208(a): “When
the driver of a motor vehicle is involved in an accident resulting
in loss of human life or where there is reason to believe death may
result, and there exists probable causes to believe that the driver
is guilty of a violation of the state’s law prohibiting driving
while under the influence, in addition to penalties established elsewhere
under state law, a test or tests of the driver’s blood, breath,
or urine must be administered to the driver, including those fatally
injured, to determine the presence of and percentage of concentration
of alcohol or drugs in such person’s body.” |
Admissible in criminal cases (1989 & 1998 Case Law) | Must Be Administered §5-65-208(a): “… [test] must be administered to the driver…” | Not Liable §5-65-204(3) |
California |
Based on Standard DWI §23612: “(A) Any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood… (C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 [DWI].” |
Admissible in criminal and civil cases §23612(a)(4) | May Be Compelled Case Law: A person, who has been arrested for a DWI offense may be compelled to submit to a blood test for either alcohol concentration or the presence of drugs (Mercer v. Dept of Motor Vehicles, 1991). | Not Liable §23158 (d) |
Colorado (DPH maintains database) |
Based on Standard DWI §42-4-1301.1(2)(a)(I): “Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and cooperate in the taking and completing of, any test or tests of such person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or breath when requested and directed by a laws enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DWI.” | Admissible in criminal cases §42-4-1301 (6)(d) | Physically Restrain to Obtain Test §42-4-1301.1 (3): “Any person who is required to take and to complete, and to cooperate in the completing of, any test or tests shall cooperate with the person authorized to obtain specimens of such person’s blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such noncooperation shall be considered a refusal to submit to testing. No law enforcement officer shall physically restrain any person for the purpose of obtaining a specimen of such person’s blood, breath, saliva, or urine for testing except when the officer has probable cause to believe that the person has committed criminally negligent homicide, vehicular homicide, and the person is refusing to take or to complete, or to cooperate in the completing of, any test or tests, then, in such event, the law enforcement officer may require a blood test.” | Not Liable §42-4-1301.1(6)(b) |
Connecticut |
Based on Standard DWI §14-227b(a): “Any person who operates a motor vehicle in this state shall be deemed to have given such person’s consent to a chemical analysis of such person’s blood, breath or urine…” (b) If any such person, having been placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both or while such person’s ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor…” | Admissible in criminal cases §14-227a(c) | Reasonable Force To The Extent Provided by Law § 14-227c: “[blood sample] may be obtained from surviving driver to the extent provided by law”; §14-227a(j): “seizure and admissibility of medical records of injured operator by search warrant” | |
Delaware |
Based on Involvement in Serious-Injury Collision and Probable Cause for Standard DWI Title 21 §2740(a): “Any person who drives, operates or has in actual physical control of a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§4177 and 4177L [DWI] of this title to a chemical test or tests of that person’s blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or §2742 of this title, or a local ordinance substantially conforming thereto.” |
Admissible in criminal and civil cases Title 21 §2749 | Test Shall Be Required Title 21 §2740b: “The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §4177 or §2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that a probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.” | Not Liable Title 21 §2748 |
D.C. (Mayor is responsible for data) |
Based on Involvement in Collision and Reasonable Grounds for Standard DWI §50-1902(b): “Any person who operates or who is in physical control of a motor vehicle within the District and who is involved in a motor vehicle accident shall submit, subject to the provisions of this chapter, to 2 chemical tests of the person’s blood, urine, or breath for the purpose of determining blood-alcohol content or blood-drug content whenever a police officer arrests such person for a violation of law and has reasonable grounds to believe such person to have been operating or in physical control or a motor vehicle within the District while that person’s blood contains .08% or more, by weight, of alcohol, …, or while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor…” | Admissible in criminal and civil cases §40-505(c) | Shall Submit to Test §50-1902(b): Driver “shall submit” when involved in a serious-injury accident and arrested for DWI BUT: there is a right to object to the use of the test results, if driver is unconscious or dead BUT: driver can object to the test on medical/ religious grounds | |
Florida |
Based on Involvement in Serious-Injury Collision and Reasonable Cause for Standard DWI Title 23 Section 316.1933(1)(a): Notwithstanding any recognized ability to refuse to submit to the tests provided in s.316.1932 [IC] or any recognized power to revoke the implied consent to such tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, such person shall submit, upon request of a law enforcement officer, to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances…” | Admissible in criminal cases Title 23 Section 316.1932(1)(a) | May Use Reasonable Force Title 23 Section 316.1933(1) (a): “The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner.” Case law: 1988, 1990, 1992 & 1995. | Not Liable Title 23 Section 316.1933(2)(a)(4)(c) |
Georgia |
Based on Involvement in Serious-Injury Collision §40-5-55(a): “The tests or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities.” | Admissible in criminal cases §40-6-392(d) | None Shall Be Given (Statute) §40-5-67.1 (d) “If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon request of a law enforcement officer, to submit to a chemical test designated by a law enforcement officer… no test shall be given…” Case Law: State v. Leviner (1994) – a driver has the right to refuse subject that it’s admissible in criminal cases; Lutz v. State (2001) – the Georgia Constitution does not protect citizens from compelled blood testing or from the use of compelled blood testing at trial even though implied consent warning did not state that results of the test could be used against him in subsequent prosecution. | Not Liable §40-6-392(a)(2) & §45-16-46 |
Hawaii(State DOT director is responsible for maintaining the database) |
Based on Standard DWI §291E-11(b): “The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State is under the influence of an intoxicant…” |
May not be admitted as evidence in criminal and civil cases §286-159 | Nothing Shall Prevent/Mandatory Test (Relating to health care providers involved in treatment of injured) § 291E-21(a): “Nothing in this part shall be construed to prevent a law enforcement officer from obtaining a sample of breath, blood, or urine, from the operator of any vehicle involved in a collision resulting in injury to or the death of any person, as evidence that the operator was under the influence of an intoxicant.” | Not Liable §291E-21(e) |
Idaho |
Based on Standard DWI §18-8002(1): “Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004 [DWI], Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle in violation of the provisions of section 18-8004 [DWI], Idaho Code, or section 18-8006 [Aggravated DWI], Idaho Code.” |
No Case law: Refusal is admitted in a criminal case (State v. Bock, 1958) | Yes § 18-8002, 6(d): “A peace officer is empowered to order an individual authorized in section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary testing when the peace officer has probable cause to believe that the suspect has committed any of the following offenses: (i) Aggravated driving under the influence of alcohol, drugs or other intoxicating substance…; (ii) Vehicular manslaughter… (e) The withdrawal of the blood sample may be delayed or terminated if (i) In the reasonable judgment of the hospital personnel withdrawal of the blood sample may results in serious bodily injury to hospital personnel or other patients; or (ii) The licensed health care professional treating the suspect believes the withdrawal of the blood sample is contraindicated because of the medical condition of the suspect or other patients.” | Not Liable §18-8002-6 |
Illinois (Dept of Public Health – dead driver testing; Police Agency– surviving driver testing) |
Based on Uniform Traffic Ticket 625 ILCS 5/11-501.6(a): “Any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a personal injury or fatal motor vehicle accident, shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of such person’s blood if arrested as evidence by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or similar provision of a local ordinance, with the exception of equipment violations contained in Chapter 12 of this Code…” | Admissible in criminal and civil cases 625 ILCS 5/11-501.2(c)(1) | Shall Submit 625 ILCS 5/11-501.2(c)(2): “Notwithstanding any ability to refuse under this Code to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, other drugs or drugs, or intoxicating compound or compounds, or any combination thereof has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of both.” Case law: a blood sample may be taken by force for a DWI offense (injury or non-injury related) as long as police have “probable cause” of such offense (2 cases in 1991) | Not Liable 625 ILCS 5/11-500.1(a) |
Indiana |
Based on Involvement in Serious-Injury Collision IC9-30-7-3(a): “A law enforcement officer shall offer a portable breath test or chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury. If: (1) the results of a portable breath test indicate the presence of alcohol; (2) the results of a portable breath test do not indicate the presence of alcohol but the law enforcement officer has probable cause to believe the person is under the influence of a controlled substance or another drug; or (3) the person refuses to submit to a portable breath test;the law enforcement officer shall offer a chemical test to the person.” |
Admissible in criminal and civil cases IC9-30-6-3(b) IC9-30-7-5: Refusal is a class C Infraction | May Use Reasonable Force IC9-30-6-6(g)(2)(D): “A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician shall obtain a blood, urine, or other bodily substance sample if the following exist: (2)(D) That the accident that caused the serious bodily or death of another occurred not more than three hours before the time the sample is requested.” IC9-30-6-6(h): “If the person: (1) from whom the bodily substance sample is to be obtained under this section does not consent; and (2) resists the taking of a sample; the law enforcement officer may use reasonable force to assist an individual, who must be authorized under this section to obtain a sample, in the taking of the sample.” | Not Liable IC9-30-6-6(b) |
Iowa |
Based on Standard DWI Title 8 §321J.6: “A person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle in violation of section 321J.2 or 321J.2A [DWI] is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs, subject to this section.” |
Admissible in criminal and civil cases Title 8 §321J.16 | Search Warrant Title 8 §321J.10(1): “Refusal to consent to a test under section 321J.6 does not prohibit the withdrawal of a specimen for chemical testing pursuant to a search warrant issued in the investigation of a suspected violation of section 707.5 or 707.6A [Vehicular manslaughter/homicide] if all of the following grounds exist: (a) A traffic accident has resulted in a death or personal injury reasonably likely to cause death; (b) There are reasonable grounds to believe that one or more of the persons whose driving may have been the proximate cause of the accident was violating section 321J.2 [DWI] at the time of accident.” Also Title 8 §321J.10-4(a) | Not Liable Title 8 §321J.10-9 |
Kansas |
Based on Standard DWI §8-1001(b): “A law enforcement officer shall request a person to submit to a test or tests deemed consented to under subsection (a) [IC] if the officer has reasonable grounds to believe the person was operating or attempting to operate a vehicle while under the influence of alcohol or drugs, or both…; and one of the following conditions exists: (1) The person has been arrested or otherwise taken into custody for any offense involving operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both, or for a violation of K.S.A. 8-1567a, and amendments thereto, or involving driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, while having alcohol or other drugs in such person's system, in violation of a state statute or a city ordinance; or (2) the person has been involved in a vehicle accident or collision resulting in property damage, personal injury or death.” |
Admissible in criminal cases §8-1001(f)(G) | Search Warrant §8-1001(h): “After giving the forgoing information, a law enforcement officer shall request the person to submit to testing. The selection of the test or tests shall be made by the officer. If the person refuses to submit to and complete a test as requested pursuant to this section, additional testing shall not be given unless the certifying officer has probable cause to believe that the person, while under the influence of alcohol or drugs, or both, has operated a vehicle in such a manner as to have caused the death of or serious injury to another person… (k) In such event, such test or tests may be pursuant to a search warrant… or without a search warrant…[search incident to arrest to discover the ‘fruits, instrumentalities, or evidence of the crime]”. | Not liable when driver consented or when requested by police officer in the form of a written statement §8-1001(c) |
Kentucky |
Based on Standard DWI Title 16 §189A.103 (1): “He has given his consent to one or more tests of his blood, breath, and urine, or combination thereof, for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability, if an officer has reasonable grounds to believe that a violation of KRS 189A.010(1) [DWI] or 189.520(1) [DWI] has occurred.” |
Admissible in criminal cases Title 16 §189A.105(2)(a)(1) Title 16 §189A.105: “Test refusal is an aggravated circumstance”: twice as long jail sentence for those who refused and were convicted than for those tested and convicted | Search Warrant Title 16 §189A.105(2)(b): “Nothing in this subsection shall be construed to prohibit a judge of a court of competent jurisdiction from issuing a search warrant or other court order requiring a blood or urine test, or a combination thereof, of a defendant charged with a violation of KRS 189A.010 [DWI], or other statutory violation arising from the incident, when a person is killed or suffers physical injury, as defined in KRS 500.080, as a result of the incident in which the defendant has been charged.” | |
Louisiana (Dept of Public Safety and Corrections) |
Based on Standard DWI §32-661(A)(2)(a): “The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person, regardless of age, to have been driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance.” |
Admissible in criminal cases §32:666(A)(3) | Yes §32:666(A): “When a law enforcement officer has probable cause to believe that a person has violated R.S. 14:98, R.S. 14:98.1 [DWI] or any other law or ordinance that prohibits operating a vehicle while intoxicated, that person may not refuse to submit to a chemical test in any case wherein a traffic fatality has occurred or a person has sustained serious bodily injury.” | Not Liable §32-664 (C) |
| Maine | Based on Involvement in Serious-Injury Collision 29-A MRSA §2522(1): “If there is probable cause to believe that death has occurred or will occur as a result of an accident, an operator of a motor vehicle involved in the motor vehicle accident shall submit to a test to determine blood-alcohol level or drug concentration in the same manner as for OUI.” |
Admissible in criminal cases 29-A MRSA §2521(3) Refusal is an aggravating factor at sentencing | Shall Submit 29-A MRSA §2522(1): “… shall submit…” Case Law: A person shall be required to submit to a chemical test if they are involved in an accident that results or may result in death to any to any other person and there is probable cause to believe that they were operating a vehicle while DWI (State v. Roche, 1996); forced tests may be administered if there is probable cause to believe that a driver has committed a DWI offense and they have refused to submit to a chemical test (State v. Baker, 1985). | |
Maryland |
Based on Involvement in Serious-Injury Collision and Reasonable Grounds for Standard DWI §16-205.1(c)(1): “If a person is involved in a motor vehicle accident that results in the death of, or a life threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, or in violation of §16-205.1(c) of this title, the person shall be required to submit to a test as directed by the officer.” |
Admissible in criminal cases §10-309(a) | Shall Be Required to Submit §16-205.1(c)(1): “… shall be required to submit to a test as directed by the officer.” | Not Liable §16-205.1(c)(3) |
| Massachusetts | Based on Standard DWI Title 14 Chapter 90 §24(f)(1): “Such test shall be administered at the direction of a police officer, as defined in this section one of the chapter ninety C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor.” |
Refusal CANNOT be admissible in criminal and civil cases Title 14 Chapter 90 §24(a)(1)(e) | No Title 14 Chapter 90 §24(f)(1): “… If the person arrested refuses to submit to such test or analyses, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for at least a period of one hundred and twenty days, but not more than one year for such refusal, no such test or analyses shall be made…” | Not Liable Title 14 Chapter 90§24: test has to be administered at medical facility |
Michigan |
Based on Involvement in Serious-Injury Collision and Reasonable Grounds for Standard DWI §257.625c: “(b) If the person is arrested for felonious driving, negligent homicide, manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance… |
Admissible in criminal cases, but not as evidence of guilt §257.625(a)(10) Refusal adds 6pts to license | Court Order §257.625a(6)(b)(iv): “If he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain a court order.” | Not Liable §257.625a (6)(c) |
| Minnesota | Based on Involvement in Serious-Injury Collision and Probable Cause for Standard DWI §169A.51 subd 1(b): “The test may be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 [DWI], and one of the following exists: (1) the person has been lawfully placed under arrests for violation of section 169A.20; (2) the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury or death… |
Admissible in criminal and civil cases §169A.45 subd 3 §169A.51 subd 2 (2): It is a crime to refuse (criminal and administrative punishment) | Without Consent §169A.51 subd 2(3): “If a peace officer has probable cause to believe that the person has violated criminal vehicular homicide and injury laws, a test may be taken with or without the person’s consent.” | Not Liable §169A.51 Subd 7 (c) |
Mississippi |
Based on Involvement in Deadly Collision (pre-2000) §63-11-8 (2) (was declared unconstitutional in 2000): “If any investigating law enforcement officer has reasonable grounds to believe that a person is the operator of a motor vehicle involved in an accident that has resulted in a death, it shall be such officer’s duty to see that a chemical test is administered as required by this section.” Based on Standard DWI (starting in 2000) §63-11-5 (1): “Any person who operates a motor vehicle upon the public highways, public roads and street of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath for the purpose of determining alcohol concentration… The test or tests shall be administered at the direction of any highway patrol officer… , when such officer has reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways of this state while under the influence of intoxicating liquor or any other substance which had impaired such person’s ability to operator a motor vehicle.” | Admissible in criminal cases §63-11-41 | Cannot Refuse (before 2000) §63-11-8(4): “No person may refuse to submit to a chemical test required under the provisions of this section (§63-11-8)”. Now a blood can be drawn pursuant to a search warrant after satisfying the criteria of Implied Consent. | Not Liable §63-11-17 |
Missouri |
Based on Involvement in Serious-Injury Collision and Issuance of UTT Title 38 §577.020.1: “(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, and has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar provisions contained in county or municipal ordinances; or (6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality. The test shall be administered at the direction of the law enforcement officer whenever the person has been arrested or stopped for any reason.” |
Admissible in criminal and civil cases Title 38 §577.041.1 | Without Consent Case law: Under “exigent circumstances”, a blood sample may be withdrawn from a driver without their consent but prior to a DWI arrest if there is “probable cause” of such offense (State v. Lerette, 1993) | Not Liable Title 38 §577.031 |
Montana |
Based on Involvement in Serious-Injury Collision §61-8-402(2)(a): “The test or tests must be administered at the direction of a peace officer when: (iii) the officer has probable cause to believe that the person has been driving or has been in actual physical control of a vehicle: (B) involved in a motor vehicle accident or collision resulting in serious bodily injury or death" |
Admissible in criminal cases §61-8-402(2) | No §61-8-402(4): “If an arrested person refuses to submit to one or more tests required and designated by the officer as provided in subsection (2), the refused test or tests may not be given, but the officer shall, on behalf of the department, immediately seize the person’s diver’s license…” | Not Liable §61-8-405(4) |
Nebraska |
Based on Involvement in Deadly Collision §60-6,103: “Any surviving driver or pedestrian sixteen year of age or older who is involved in a motor vehicle accident in which a person is killed shall be requested, if he or she has not otherwise been directed by a peace officer to submit to a chemical test under section 60-6,197 [IC], to submit to a chemical test of blood, urine, or breath as the peace officer directs for the purpose of determining the amount of alcohol or drugs in his or her body fluids. |
Admissible in criminal cases §60-6,197(11) §60-6, 197(10): Refusal to submit is a separate crime for which the person may be charged | May Be Required §60-6,197(9): “Any person involved in a motor vehicle accident in this state may be required to submit to a chemical test of his or her blood, breath, or urine, subject to the implied consent law.” | Not Liable §606-6.202(1) |
Nevada |
Based on Standard DWI Title 43 §484.383.1: “[A]ny person who drivers or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person was: (1) Diving or in actual control of a vehicle while under the influence of intoxicating liquor or a controlled substance… |
Admissible in criminal cases Title 43 §484.389 | Reasonable Force Title 43 §484.383.7: “If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was: (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.379.5 [DWI], the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested…” | Not Liable Title 43 §484.393.3 |
| New Hampshire | Based on Involvement in Serious-Injury Collision and Caused Collision Title 21 §265-93: “When a collision results in death or serious bodily injury to any person, all drivers involved, whether living or deceased, and all deceased vehicle occupants and pedestrians involved shall be tested for evidence of alcohol or controlled drugs. A law enforcement officer shall request a licensed physician…to withdraw blood from each driver involved if living and from the body of each deceased driver, deceased occupant or deceased pedestrian… for purpose of testing for evidence of alcohol content or controlled drugs; provided that in case of a living driver the officer has probable cause to believe that the driver caused the collision.” |
Admissible in criminal and civil cases Title 21 §265:88-a Title 21 §265:82-a: To cause a serious-injury collision is an aggravated DWI circumstance (§265:92(2): 2 yrs vs. 180 days license suspension) | Shall Be Tested Title 21 §265-93: “… shall be tested…” | Not Liable Title 21 §265.85 (I) |
New Jersey |
Based on Standard DWI §39:4-50.2(a): “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of provisions of R.S. 39:4-50 [DWI].” Based on Testing for Statistical Purposes§26:2B-24 “[The Division of Health and Vital Statistics] shall, in cooperation with the State, municipal and local police, and the Division of Motor Vehicles, conduct tests for alcohol in the bodies of automobile drivers and pedestrians who dies as a result of and within 4 hours of a traffic accident, and in automobile drivers who survive traffic accidents fatal to others. |
Case Law: Refusal is admissible in criminal cases (State v. Stever, 1987) | No in Statute §39:4-50.2(e): “No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant.” BUT, For Statistical Purposes: §26:2B-24: “… shall conduct tests…” Case-law: Involuntary blood may be obtained from a person arrested for a DWI offense (State v. Dyrl, 1984 and State v. Woomer, 1984) | |
New Mexico |
Based on Standard DWI §66-8-107 B: “A test of blood, breath or both, approved by the scientific laboratory division of the department of health…, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor or drug.” |
Case Law: Refusal is admissible in criminal cases (McKay v. Davis, 1982) | Search Warrant §66-8-111 A: “If a person under arrest for violation of a [DWI] offense, refuses upon request of a law enforcement officer to submit to chemical tests…, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests…, upon his finding in a law enforcement officer’s written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance, thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of alcohol or a controlled substance... and that the chemical tests … will produce material evidence in a felony prosecution. ” | Not Liable §66-8-103 |
New York |
Based on Standard DWI Chapter 71 Title 7 Article 31 §1194(2)(a) “Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test…provided that such tests is administered by or at the direction of a police officer…(1) having reasonable grounds to believe such person to have been operating in violation of any subdivision of [DWI] section…” |
Admissible in criminal and civil cases §1194(2)(f) but may be suppressed if obtained by force (§1194(3)) | Court Order §1194(3): “Compulsory chemical tests. (a) Court ordered chemical tests. Notwithstanding the provisions of subdivision two of this section, no person who operates a motor vehicle in this state may refuse to submit to a chemical test of one or more of the following: breath, blood, urine or saliva, for the purpose of determining the alcoholic and/or drug content of the blood when a court order for such chemical test has been issued in accordance with the provisions of this subdivision. (b) When authorized. Upon refusal by any person to submit to a chemical test or any portion thereof as described above, the test shall not be given [unless] a police officer or a district attorney, as defined in subdivision 32 of section 1.20 of the criminal procedure law, requests and obtains a court order to compel a person to submit to a chemical test to determine the alcoholic or drug content of the person’s blood upon a finding of reasonable cause to believe that: (1) such person was the operator of a motor vehicle and in the course of such operation a person other than the operator was killed or suffered serious physical injury as defined in section 10.00 of the penal law; and (2) a. either such person operated the vehicle in violation of any subdivision of the section 1192 of this article [DWI]…” | Not Liable §1194(4)(a)(2) |
| North Carolina | Based on Standard DWI §20-16.2(a): “Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. The charging officer shall designate the type of chemical analysis to be administered, and it may be administered when the officer has reasonable grounds to believe that the person charged has committed the implied-consent offense. |
Admissible in criminal cases §20-16.2(a)(3) & 20-139.1(f) §20-16.2(d1): “If the refusal occurred in case involving death or critical injury to another person, no limited driving privilege may be issued.” | Yes §20-16.2(c): “Request to Submit to Chemical Analysis… If a person charged willfully refuses to submit to that chemical analysis, none may be given under the provisions of this section, but the refusal does not preclude testing under other applicable procedures of law.” Case Law: Officers obtained blood and urine samples pursuant to a valid search warrant (State v. Davis, 2001) | Not Liable §20-16.2 (c) |
| North Dakota | Based on Standard DWI §39-20-01: “Any person who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state is deemed to have given consent, and shall consent, subject to the provisions of this chapter, to a chemical test… The test or tests must be administered at the direction of a law enforcement officer only after placing the person under arrest and informing that person that the person is or will be charged with the offense of driving or being in actual physical control of a vehicle upon the public highways while under the influence of intoxicating liquor, drugs, or a combination thereof. |
No §39-20-08: Refusal is admissible in criminal and civil cases | Yes §39-20-01.1: “Notwithstanding section 39-20-01 or 39-20-04 [DWI], when the driver of a vehicle is involved in an accident resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person, and there is probable cause to believe that the driver is in violation of section 39-08-01 [DWI], the driver may be compelled by a police officer to submit to a test or tests of the driver’s blood, breath, saliva, or urine to determine the alcohol concentration or the presence of other drugs or substances.” | Not Liable (§39-20-12) |
Ohio |
Based on Standard DWI §4511.191(A): “The chemical test or tests shall be administered at the request of a police officer having reasonable grounds to believe the person to have been operating a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking in this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in blood, breath, or urine.” |
Case Law: Refusal is admissible in criminal cases (1994 & 1968) | No Case law: A conscious person cannot have blood withdrawn by force for testing (State v. Lampman, 1992) | Not Liable §4511.19 |
Oklahoma |
Based on Standard DWI 47 §751(2): “A law enforcement officer, having reasonable grounds to believe that such person was operating or in actual physical control of a motor vehicle while under the influence may direct the administration of or administer the test or tests.” |
Admissible in criminal cases 47 §756(A) | Search Warrant 47 §753: If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the concentration of any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, none shall be given, unless the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated the motor vehicle in such a manner as to have caused the death or serious physical injury of any other person or persons. In such event, such test otherwise authorized by law may be made in the same manner as if a search warrant had been issued for such test or tests. | Not Liable when consent is signed by offender, police officer, and the person is arrested for DWI 47 §752 |
Oregon |
Reasonable grounds for Standard DWI §813.100(1): “Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent, subject to the implied consent law, to a chemical test of the person’s breath, or of the person’s blood if the person is receiving medical care in a health care facility immediately after a motor vehicle accident, for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 [DWI] or of a municipal ordinance. A test shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving while under the influence of intoxicants in violation of PRS 810.010 or a municipal ordinance. |
Admissible in criminal and civil cases §813.310 | Search Warrant §813.320: The evidence can be obtained pursuant to a search warrant Case Law: The Oregon Supreme Court has indirectly indicated that law enforcement officers are not authorized via statute to obtain a blood sample via force for BAC testing in DWI cases. However, such a sample may be forcefully obtained and tested for BAC for other criminal offense related to motor vehicle operation, e.g. criminally negligent homicide or manslaughter (State v. Milligan, 1988) | Not Liable §813.160(2) |
Pennsylvania |
Based on Involvement in Serious-Injury Collision (75 §157(A)(2) was declared unconstitutional in 1992) 75 §1547(a): “Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood… if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle: (1) while under the influence of alcohol or a controlled substance or both; or (2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.” Based on Standard DWI (starting in 1992) 75 §1547(a)(1) | Admissible in criminal cases 75 §1547(e) | No Case Law: A person has a right to refuse to submit to a chemical test. A “forced” test cannot be administered if this right is exercised (Com. v. Kohl, 1992) Case Law: If a blood sample was withdrawn by a medical personnel at a hospital for treatment purposes and a test is conducted (given reasonable grounds for drunk driving), such test is admissible as evidence (Com. v. Riedel, 1995) | Not liable 75 §1547 (j) |
Rhode Island(Department of Health) |
Based on Standard DWI § 31-27-2.1(a) “No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. |
No statutory law or case law on admissibility of a test refusal in criminal or civil proceedings. | No §31-27-2.1(b): “If a person having been placed under arrest refused upon the request of a law enforcement officer to submit to the tests… none shall be given…” Case law: Upon refusal, a test shall not be given with or without a warrant (Rhode Island v. DiStefano, 2000). §31-27-2.1(b): A defendant may file an affidavit if cannot be subjected to blood tests for religious or medical reasons. | |
| South Carolina | Based on Involvement in Serious-Injury Collision
and Probable Cause for Standard DWI §56-5-2946: “Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs if there is probable cause to believe that the person violated or is under arrested for a violation of Section 56-5-2945 [DWI and great bodily injury].” |
Admissible in criminal cases §56-5-2950 Case Law: Refusal is admissible in criminal cases (1971, 1998) | Must Submit §56-5-2946: “… must submit…” Case Law: State v. Mullins, 1997 | Not Liable AND: No person may be required by arresting officer or by other law enforcement officer to obtain or take sample of blood/urine §56-5-2950(a) |
South Dakota |
Based on Involvement in Serious-Injury Collision
and Standard DWI §32-23-1.2: “Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such officer. If such test indicates that such operator has consumed alcohol, the law enforcement officer may require such operator to submit to a chemical test in the manner set forth in this chapter [DWI]. |
Admissible in criminal cases §19-13-28(1) & §32-23-10.1 | Yes §32-23-10(1): “If the person refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required unless the person has been arrested for a third, fourth, or subsequent violation of §32-23-1 [DWI], constituting a felony offense under §32-23-4 or §32-23-4.6 or has been arrested for vehicular homicide under §22-16-41 or vehicular battery under §22-16-42.” Case Law: “Force” may be used to obtain a blood sample (State v. Heinrich, 1989; State v. Lanier, 1990; State v. Sickler, 1992; and State v. Jacobson, 1992) | Not Liable §32-23-14 |
Tennessee |
Based on Standard DWI §55-10-406(a)(1): “Any person who drives any motor vehicle in the state is deemed to have given consent to a test for the purpose of determining the alcoholic or drug content of that person’s blood; provided, that such test is administered at the direction of a law enforcement officer having reasonable grounds to believe such person was driving while under the influence of an intoxicant or drug…” |
Case Law: Refusal is admissible in criminal cases (1984 & 1996). §55-10-406(a)(3)(C): License is revoked for 2-5 years when driver refuses and is involved in an serious injury accident. §55-10-406(a)(2): If refused - mandatory fine and jail or workhouse sentence for a subsequent offender or for an offender who drives while susp/rev/canc or who has a previous vehicular homicide conviction. | No §55-10-406(3): “If such person having been placed under arrest and thereafter having been requested by a law enforcement officer to submit to such test and advised of the consequences for refusing to do so, refuses to submit, the test shall not be given, and such person shall be charged with violating this subsection…” | Not Liable §55-10-406(a)(1) |
Texas |
Based on Standard DWI Title 7 §724.012(a): “One or more specimens of a person’s breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (2) was in violation of Section 106.041, Alcoholic Beverage Code.” |
Admissible in criminal cases Title 7 §724.061 | Yes Title 7 §724.012(b): “A peace officer shall require the taking of a specimen of the person’s breath or blood if: (1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft; (2) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of offense; (3) at the time of the arrest the officer reasonably believes that a person has died or will die as a direct result of the accident; and (4) the person refuses the officer’s request to submit to the taking of a specimen voluntarily.” | Not Liable Title 7 §724-017(b) |
Utah |
Based on Standard DWI §41-6-44.10(1)(a): “…if the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under Section 41-6-44, 53-3-231, or 53-3-232 [DWI], or while under the influence of alcohol … |
Admissible in criminal and civil cases §41-6-44.10(8) | No | Not Liable §41-6-44.10-5(b) |
Vermont |
Based on Involvement in Serious-Injury
Collision and Reasonable Grounds for Any Amount of Alcohol 23 §1202(a)(4): “The evidentiary test shall also be required if the person is the surviving operator of a motor vehicle involved in a fatal incident or collision or an incident or collision resulting in serious bodily injury and the law enforcement officer has reasonable grounds to believe that the person has any amount of alcohol or other drug in his or her system.” |
Admissible in criminal cases 23 §1202(b) | Search Warrant 23 §1202(f): “If a person has been involved in an accident or collision resulting in serious bodily injury or death… a law enforcement officer may apply for a search warrant… to obtain a sample of blood for an evidentiary test… [and] the fact of the refusal may still be introduced as evidence…” 23 §1201 (c): “A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and be involved in an accident or collision resulting in serious bodily injury or death to another and refuse a law enforcement officer's reasonable request under the circumstances for an evidentiary test where the officer has reasonable grounds to believe the person has any amount of alcohol in the system.” | Not Liable 23 §1203a(f) |
Virginia |
Based on Standard DWI §18.2-268.2.A: “Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in §46.2-100, in this Commonwealth shall deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood…” |
A finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial § 18.2-268.3 | May Be Required § 18.2-268.2 (C). A person, after having been arrested for a violation of § 18.2-266 (iii) or (iv) or § 18.2-266.1 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B of this section or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs... “ | Not Liable §18.2-268.5 |
Washington(State Toxicologist collects and analyzes data) |
Based on Standard DWI §46.20.308(1): “Any person who operates a motor vehicle within this state is deemed to have given consent, subject to provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.51.503 [DWI].” |
Admissible in criminal cases §46.61.517 | Without the Consent §46.20.308(3): “Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual arrested.” | Not Liable §46.61.508 |
West Virginia |
Based on Standard DWI §17C-5-4(c): “A secondary test of blood, breath or urine is incidental to a lawful arrest and is to be administered at the direction of the arresting law-enforcement officer having reasonable grounds to believe the person has committed an offense prohibited by section two of this article [DWI] or by an ordinance of a municipality of this state which has the same elements…” |
Case Law: Refusal is admissible in criminal cases (State v. Cozart, 1986) §17C-5-4: if the driver refuses to submit to a blood test but submits to breath or urine test, no suspension is given | No §17C-5-7 (a) If any person under arrest as specified in section four of this article refuses to submit to any secondary chemical test, the tests shall not be given: Provided, That prior to such refusal, the person is given a written statement advising him that his refusal to submit to the secondary test finally designated will result in the revocation of his license to operate a motor vehicle in this state for a period of at least one year and up to life. | Not Liable when withdrawing and testing blood of a dead driver §17C-5-6 |
Wisconsin |
Based on Standard DWI §343.305(3): “Prior to arrest, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub.(2) [IC] whenever a law enforcement officer detects any presence of alcohol…and has reasons to believe that the person violated [DWI statute].” |
Case Law: Refusal is admissible in criminal cases (State v. Bolstad, 1985) | By Lawful Means §343.305(3)(c): “This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.” Case Law: A blood sample may be obtained via force if done in a constitutional manner (State v. Bolhing, 1993); a warrantless blood draw taken subsequent to defendant’s refusal, performed by a doctor in the police booking room, was reasonable and, therefore, constitutional (State v. Dagget, 2001); there has to be a probable cause to subpoena hospital records (State v. Denure, 2002). | Not Liable §343.305 (5)(c) |
Wyoming |
Based on Standard DWI §31-6-102(a): “If arrested for an offense as defined in W.S. 31-5-233 [DWI]: (i) Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in this state is deemed to have given consent… to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol concentration or controlled substance content of his blood. The test or tests shall be: (A) Incidental to a lawful arrest; (B) Given as promptly as possible after the arrest; (C) Administered at the direction of a peace officer who has probable cause to believe the person was driving or in actual physical control of a motor vehicle…in violation of [DWI statutes] or any other law prohibiting driving under the influence… |
Admissible in criminal and civil cases §§31-6-105(f) & 31-6-108(k) Note: A person may initially refuse and then plead guilty within 10 days and not have his/her license suspended for refusal. | Yes §31-6-102(d): “If a person under arrest refuses upon the request of a peace officer to submit to a chemical test designated by the agency employing the peace officer as provided in subsection (a) of this section, none shall be given except in cases where serious bodily injury or death has resulted. The peace officer shall submit his signed statement to the department. The statement submitted by the officer shall contain: (i) his probable cause to believe the arrested person was driving or in actual physical control of a motor vehicle: (B) In violation of W.S. 31-5-233(b)[DWI]…; and (ii) That the person refused to submit to a test upon the request of the peace officer.” | Not Liable
§31-6-106 |