Policy Text
Policy Delano Police Department
504 Delano PD Policy Manual
Impaired Driving
504.1 PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and
investigation of driving under the influence (DUI).
504.2 POLICY
The Delano Police Department is committed to the safety of the roadways and the community and
will pursue fair but aggressive enforcement of California’s impaired driving laws.
504.3 CHEMICAL TESTS
A person implies consent to a chemical test or tests, and to providing the associated chemical
sample, under any of the following (Vehicle Code § 23612):
(a) The person is arrested for driving a vehicle while under the influence, pursuant to
Vehicle Code § 23152.
(b) The person is under 21 years of age and is arrested by an officer having reasonable
cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code
§ 23140).
(c) The person is under 21 years of age and detained by an officer having reasonable
cause to believe that the person was driving a vehicle while having a blood alcohol
content of 0.01 or more (Vehicle Code § 23136).
(d) The person was operating a vehicle while under the influence and proximately caused
bodily injury to another person (Vehicle Code § 23153).
If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is
unconscious), the officer should consider implied consent revoked and proceed as though the
person has refused to provide a chemical sample.
504.3.1 CHOICE OF TESTS
Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by
law (e.g., breath will not be acceptable for suspected narcotics influence).
A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and
the officer shall advise the person that he/she has that choice. If the person arrested either is
incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit
to the remaining test.
If the person chooses to submit to a breath test and there is reasonable cause to believe that
the person is under the influence of a drug or the combined influence of alcohol and any drug,
the officer may also request that the person submit to a blood test. If the person is incapable of
completing a blood test, the person shall submit to and complete a urine test (Vehicle Code §
23612(a)(2)(C)).
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Impaired Driving - 1
Published with permission by Delano Police Department