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DUI chemical test procedure – california vehicle code 23152

Driving under the influence Chemical Test Procedure – California Vehicle Code Section 23152

Chemical Testing Procedure in DUI Context

Who Can Administer Test

Under California Vehicle Code Section 23158, only the following persons are allowed to withdraw blood for the purpose of determining the alcoholic content of the person being tested:

  • A licensed physician and surgeon;
  • Registered nurse;
  • Licensed vocational nurse;
  • Duly licensed clinical laboratory scientist or clinical laboratory bioanalyst;
  • A person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code;
  • Unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code;
  • Certified paramedic acting at the request of a police officer

This limitation does not apply to the taking of breath specimens. An emergency call for paramedic services takes precedence over a police officers request for a paramedic to withdraw blood for determining its alcoholic content. A certified paramedic shall not withdraw blood for this purpose unless authorized by his or her employer to do so.

Additional Test on Request

The person tested may, at his or her own expense, have any of the above listed persons or any other person of his or her choosing to administer a test in addition to any test administered at the direction of a police officer for the purpose of determining the amount of alcohol in the person’s blood.

Disclosure of Test Results

Upon the request of the person tested, full information concerning the test taken at the direction of the police officer shall be made available to the person or the person’s attorney.