2010 California Code
Vehicle Code
Article 1. General Provisions

23610.  (a) Upon the trial of any criminal action, or preliminary
proceeding in a criminal action, arising out of acts alleged to have
been committed by any person while driving a vehicle while under the
influence of an alcoholic beverage in violation of subdivision (a) of
Section 23152 or subdivision (a) of Section 23153, the amount of
alcohol in the person's blood at the time of the test as shown by
chemical analysis of that person's blood, breath, or urine shall give
rise to the following presumptions affecting the burden of proof:
   (1) If there was at that time less than 0.05 percent, by weight,
of alcohol in the person's blood, it shall be presumed that the
person was not under the influence of an alcoholic beverage at the
time of the alleged offense.
   (2) If there was at that time 0.05 percent or more but less than
0.08 percent, by weight, of alcohol in the person's blood, that fact
shall not give rise to any presumption that the person was or was not
under the influence of an alcoholic beverage, but the fact may be
considered with other competent evidence in determining whether the
person was under the influence of an alcoholic beverage at the time
of the alleged offense.
   (3) If there was at that time 0.08 percent or more, by weight, of
alcohol in the person's blood, it shall be presumed that the person
was under the influence of an alcoholic beverage at the time of the
alleged offense.
   (b) Percent, by weight, of alcohol in the person's blood shall be
based upon grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
   (c) This section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the
question of whether the person ingested any alcoholic beverage or was
under the influence of an alcoholic beverage at the time of the
alleged offense.



23612.  (a) (1) (A) 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 an 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) 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 an 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
10 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 subdivision (a) of Section 192.5 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 10 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 subdivision (a) of Section 192.5 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 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 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) 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 noncompletion 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 peace officer.
   (b) A person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) 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 required by this section.
   (d) (1) A person lawfully arrested for an 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 all driver's
licenses issued by this state that are 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, a document
containing data prepared and maintained in the governmental forensic
laboratory computerized database 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 addition, any other official record that is
maintained in the governmental forensic laboratory, relates to a
chemical test analysis prepared and maintained in the governmental
forensic laboratory computerized database system, and is
electronically transmitted and retrieved through a public or private
computer network to or by the department is admissible as evidence in
the department's administrative proceedings. 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 database 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.



23614.  (a) In addition to the requirements of Section 23612, a
person who chooses to submit to a breath test shall be advised before
or after the test that the breath-testing equipment does not retain
any sample of the breath and that no breath sample will be available
after the test which could be analyzed later by that person or any
other person.
   (b) The person shall also be advised that, because no breath
sample is retained, the person will be given an opportunity to
provide a blood or urine sample that will be retained at no cost to
the person so that there will be something retained that may be
subsequently analyzed for the alcoholic content of the person's
blood. If the person completes a breath test and wishes to provide a
blood or urine sample to be retained, the sample shall be collected
and retained in the same manner as if the person had chosen a blood
or urine test initially.
   (c) The person shall also be advised that the blood or urine
sample may be tested by either party in any criminal prosecution. The
failure of either party to perform this test shall place neither a
duty upon the opposing party to perform the test nor affect the
admissibility of any other evidence of the alcoholic content of the
blood of the person arrested.
   (d) No failure or omission to advise pursuant to this section
shall affect the admissibility of any evidence of the alcoholic
content of the blood of the person arrested.