In People v. Thomas, 70 NY2d 823 [1987] the defendant was charged with Vehicle and Traffic Law 1192 (2) which prohibits the operation of a motor vehicle when the driver's blood alcohol content is .10% or more "as shown by chemical analysis of such person's blood ... made pursuant to the provisions of section eleven hundred ninety-four of this article" . The provisions of Vehicle and Traffic Law 1194 provide a very detailed statutory outline of when an arrest and testing for intoxicated driving are permitted. In Thomas, the Court of Appeals essentially concluded that the Vehicle and Traffic Law 1194 portion of Vehicle and Traffic Law 1992 (2) is not an element of that crime. (See People v. Thomas, supra.) Although the Court in Thomas did not articulate its reasons for its conclusion, what is apparent is that the Court was applying a commonsense approach to statutory interpretation, by concluding that the details of Vehicle and Traffic Law 1194 are best left for the trial court to decide, not the jury.