§ 1194. Arrest and testing. 1. Arrest and field testing. (a) Arrest.\nNotwithstanding the provisions of section 140.10 of the criminal\nprocedure law, a police officer may, without a warrant, arrest a person,\nin case of a violation of subdivision one of section eleven hundred\nninety-two of this article, if such violation is coupled with an\naccident or collision in which such person is involved, which in fact\nhas been committed, though not in the police officer's presence, when\nthe officer has reasonable cause to believe that the violation was\ncommitted by such person.\n (b) Field testing. Every person operating a motor vehicle which has\nbeen involved in an accident or which is operated in violation of any of\nthe provisions of this chapter shall, at the request of a police\nofficer, submit to a breath test to be administered by the police\nofficer. If such test indicates that such operator has consumed alcohol,\nthe police officer may request such operator to submit to a chemical\ntest in the manner set forth in subdivision two of this section.\n 2. Chemical tests. (a) When authorized. Any person who operates a\nmotor vehicle in this state shall be deemed to have given consent to a\nchemical test of one or more of the following: breath, blood, urine, or\nsaliva, for the purpose of determining the alcoholic and/or drug content\nof the blood provided that such test is administered by or at the\ndirection of a police officer with respect to a chemical test of breath,\nurine or saliva or, with respect to a chemical test of blood, at the\ndirection of a police officer:\n (1) having reasonable grounds to believe such person to have been\noperating in violation of any subdivision of section eleven hundred\nninety-two of this article and within two hours after such person has\nbeen placed under arrest for any such violation; or having reasonable\ngrounds to believe such person to have been operating in violation of\nsection eleven hundred ninety-two-a of this article and within two hours\nafter the stop of such person for any such violation,\n (2) within two hours after a breath test, as provided in paragraph (b)\nof subdivision one of this section, indicates that alcohol has been\nconsumed by such person and in accordance with the rules and regulations\nestablished by the police force of which the officer is a member;\n (3) for the purposes of this paragraph, "reasonable grounds" to\nbelieve that a person has been operating a motor vehicle after having\nconsumed alcohol in violation of section eleven hundred ninety-two-a of\nthis article shall be determined by viewing the totality of\ncircumstances surrounding the incident which, when taken together,\nindicate that the operator was driving in violation of such subdivision.\nSuch circumstances may include any visible or behavioral indication of\nalcohol consumption by the operator, the existence of an open container\ncontaining or having contained an alcoholic beverage in or around the\nvehicle driven by the operator, or any other evidence surrounding the\ncircumstances of the incident which indicates that the operator has been\noperating a motor vehicle after having consumed alcohol at the time of\nthe incident; or\n (4) notwithstanding any other provision of law to the contrary, no\nperson under the age of twenty-one shall be arrested for an alleged\nviolation of section eleven hundred ninety-two-a of this article.\nHowever, a person under the age of twenty-one for whom a chemical test\nis authorized pursuant to this paragraph may be temporarily detained by\nthe police solely for the purpose of requesting or administering such\nchemical test whenever arrest without a warrant for a petty offense\nwould be authorized in accordance with the provisions of section 140.10\nof the criminal procedure law or paragraph (a) of subdivision one of\nthis section.\n (b) Report of refusal. (1) If: (A) such person having been placed\nunder arrest; or (B) after a breath test indicates t
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