CA NORML Guide to Marijuana Laws


VEHICLE CODE
SECTION 23612



 23612.  (a) (1) (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, if lawfully arrested for any offense allegedly
committed in violation of Section 23140, 23152, or 23153.  If a blood
or breath test, or both, are unavailable, then paragraph (2) of
subdivision (d) applies.
   (B) 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 urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for any offense allegedly committed in violation
of Section 23140, 23152, or 23153.
   (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.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
seven years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code that resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense that occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the refusal
occurs within seven years of two or more separate violations of
Section 23103 as specified in Section 23103.5, or of Section 23140,
23152, or 23153, or of Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, or any combination thereof,
that resulted in convictions, or if the person's privilege to operate
a motor vehicle has been suspended or revoked two or more times
pursuant to Section 13353, 13353.1, or 13353.2 for offenses that
occurred on separate occasions, or if there is any combination of
those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice.  If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test.  If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug and if the officer has a clear indication that
a blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests that are available at the facility to which that person
has been transported.  In that case, the officer shall advise the
person of those tests that are available at the medical facility and
that the person's choice is limited to those tests that are
available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  Any person who is dead is deemed not to have withdrawn his
or her consent and a test or tests may be administered at the
direction of a peace officer.
   (b) Any person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for any offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state which is held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
   (g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (2) (A) Notwithstanding any other provision of law, any document
containing data prepared and maintained in the governmental forensic
laboratory computerized data base system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department.  In order to be admissible as evidence in
administrative proceedings, a document described in this subparagraph
shall bear a certification by the employee of the department who
retrieved the document certifying that the information was received
or retrieved directly from the computerized data base system of a
governmental forensic laboratory and that the document accurately
reflects the data received or retrieved.
   (B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test.  The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.

 

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