DUI – implied consent law – california vehicle code 23152(a)

Driving under the influence Californias Implied Consent Law – California Vehicle Code Section 23152

Implied Consent For Chemical Testing

Implied Consent Rule for Alcohol – California Vehicle Code Section 23612

A 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 a DUI offense committed in violation of Section 23140, 23152, or 23153.

Implied Consent Rule for Drugs

A 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 a DUI offense allegedly committed in violation of Section 23140, 23152, or 23153.

Result of Refusal to Submit to Chemical Testing

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 the following:

• A fine
• Mandatory imprisonment if the person is convicted of a DUI under Section 23152 or 23153, AND

• • (i) The suspension of the persons privilege to operate a motor vehicle for a period of one year,

• • (ii) The revocation of the persons privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate DUI, reckless driving, or vehicular manslaughter conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked for an offense that occurred on a separate occasion, OR

• • (iii) The revocation of the persons privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate DUI, reckless driving, or vehicular manslaughter convictions or if the persons privilege to operate a motor vehicle has been suspended or revoked two or more times for offenses that occurred on separate occasions.

Option of Which Test to Take For Alcohol

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.

Officer May Have You Submit to Additional Tests

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 a drug or the combined influence of an alcoholic beverage and a 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 Medical Attention is Needed Prior to Tests

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.

No Right to Attorney During Tests

The officer shall also advise the person that he or she does not have the right to have an 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.

Tests Can Be Administered When Unconscious

A 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 non-completion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A 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 police officer.

Individuals Exempt From Blood Test

A person who is afflicted with hemophilia is exempt from the blood test.

A 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.

Notice of Driving Privilege Suspension

If the person, who has been arrested for a DUI under California Vehicle Code 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 police 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.

Temporary License

If the police officer serves the notice of the order of suspension or revocation of the persons privilege to operate a motor vehicle, the police officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary drivers 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.