Policy Text
Policy Delano Police Department
509 Delano PD Policy Manual
Administrative Per Se Law (APS)
509.1 PURPOSE AND SCOPE
This policy provides for the immediate suspension of California driver's licenses in certain Driving
Under the Influence (DUI) cases and in Zero Tolerance incidents. Vehicle Code §§ 13382 (a) and
(b), and 13388 (b) require that peace officers immediately suspend driving privileges in certain
situations involving arrests for Vehicle Code §§ 23152 and 23153. This policy also describes the
policy dealing with Zero Tolerance laws.
509.2 SUSPENSION OF CALIFORNIA DRIVER'S LICENSES
The driver's license of a person suspected of driving under the influence of alcohol, shall
immediately be suspended under any of the following circumstances:
(a) The arrestee refuses to submit to a chemical test
(b) The arrestee fails to complete the selected test
(c) The arrestee declines a breath test and demands a blood or urine test, and, the
arresting officer has reasonable cause to believe that the arrestee's Blood Alcohol
Content (BAC) will exceed the .08-percent level
(d) The arrestee completes the breath tests which show a BAC of .08-percent or higher
509.2.1 ZERO TOLERANCE LAW
Vehicle Code §§ 23136 & 23140 were enacted to reduce alcohol related incidents by persons
under the age of 21-years. A person under 21-years years of age may have his or her license
suspended under the following circumstances:
(a) When suspected of consuming alcohol and refusing a PAS test
(b) Who has a blood-alcohol level of .01-percent or greater
Zero Tolerance requires a Preliminary Alcohol Screening (PAS) device as the primary test. If the
device is not available, one of the other chemical tests must be completed. Under Zero Tolerance,
only the PAS device result is required. If, based on the PAS results, the driver's blood alcohol
reading warrants arrest and further chemical testing, the Department of Motor Vehicles does not
require completion of the chemical test section of the DS367m form. Once the PAS certification
is complete, the Zero Tolerance requirement has been met.
509.3 PEACE OFFICER'S RESPONSIBILITY
In any of the above situations, the peace officer, acting on behalf of the Department of Motor
Vehicles, shall do the following:
(a) Confiscate any California driver's license(s) in the possession of the driver. If the
subject has an Admin Per Se (APS ) temporary license document, do not confiscate.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Administrative Per Se Law (APS) - 1
Published with permission by Delano Police Department