DUI Information
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CHEMICAL TESTING AFTER ARREST
§ 23612. Testing Incident to Arrest; Consent; Sanctions for Failure to Comply.
(a)(1)(A) If you drive a motor vehicle, it is assumed you have given consent to chemical testing of your blood or breath to determine its alcohol or drug content if you have been lawfully arrested for a DUI-type offense.
(C) Chemical testing must be done as a direct result of a lawful arrest at the direction of a police officer who had reasonable cause to believe you were driving under the influence of drugs or alcohol.
(D) You must be told the consequences of failing to submit to or complete a chemical test. The consequences are a potential fine, mandatory jail time, and the automatic suspension of your driver’s license.
(2)(A) If you are lawfully arrested for DUI, you have the choice of taking a blood or breath test. The police officer must tell you it is your choice. If you are incapable (or say you are incapable) of taking one of the tests, the remaining test will be performed.
(B) If you are lawfully arrested for DUI of drugs or the combined effects of drugs and alcohol, you have the choice of taking a blood, breath, or urine test. The police officer must tell you it is your choice.
(C) If you choose a breath test, you can be requested to also do a blood or urine test if the police officer has reasonable cause to believe you were driving under the influence of drugs or the combined influence of drugs or alcohol and if the police officer has a clear indication that a blood or urine test will show evidence that you were under the influence. If you are incapable (or say you are incapable) of submitting to or completing a chosen test, the remaining test will be performed.
(3) If you are lawfully arrested for a DUI-type violation but need medical treatment at a medical facility, the type of tests available are limited to the type of tests available to be performed at that medical facility. The police officer must tell you what tests are available and allow you to choose which test you want.
(4) You do not have the right to have an attorney present before choosing which test you want. The police officer must tell you this. If, during one of the tests, you choose not to continue the test, that refusal can be used against you in court.
(5) If you are unconscious or, for some other reason are unable to refuse a chemical test, it is assumed that you have not withdrawn your consent to the test and the test may be given whether or not you were informed of the consequences of failing to submit to or complete a test (see § 13352). If you die, a police officer can order chemical tests be performed.
(b) If you have hemophilia you are exempt from blood tests.
(c) If you have a heart condition and are taking blood anticoagulants at the direction of a doctor, you are exempt from blood tests.
(d)(1) If you are arrested for a DUI-type offense, you can request that a chemical test of blood or breath be performed on you and the police officer must have the test performed.
(2) If blood and breath tests are not available, you will have to submit to the remaining test (urine) to determine your blood alcohol content. If blood and breath tests are unavailable, it is assumed you have given your consent to submit to the urine test.
(e) If you are arrested for a DUI-type offense and refuse to take or fail to complete a chemical test, or requests a blood or urine test, the police officer will personally serve you with notice of the suspension or revocation of your driver’s license.
(f) If a police officer personally serves you notice of suspension or revocation of your driver’s license, the police officer will confiscate all driver’s licenses in your possession.
(h) A police officer may use a preliminary alcohol screening test (breathalyzer) to determine alcohol content based on breath samples. Such screening tests establish reasonable cause to believe you were driving under the influence. Field sobriety tests may also be used by a police officer as an investigative tool.
(i) If a police officer decides to use a preliminary alcohol screening device (breathalyzer) to help determine whether or not you are driving under the influence, you are not obligated to do it and the police officer must tell you so. Taking the breathalyzer test does not satisfy this section’s requirement of taking a blood, breath, or urine test. The police officer must tell you this also.
Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.
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