Policy Text
Policy
514Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentImpaired Driving and Evidence Collection - 1Impaired Driving and Evidence Collection
514.1 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).
514.2 POLICY
The Mountain View 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.
514.3 INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically
assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.
514.4 FIELD TESTS
The Traffic Sergeant should identify the primary field sobriety tests (FSTs) and any approved
alternate tests for officers to use when investigating violations of DUI laws.
514.5 CHEMICAL TESTS
A person is deemed to have consented to a chemical test or tests 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).
(e)The person is dead, unconscious or otherwise in a condition that renders him/her
incapable of refusal (Vehicle Code § 23612(a)(5)).
514.5.1 CHOICE OF TEST
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.
Mountain View Police Department
Mountain View PD Policy Manual
Impaired Driving and Evidence Collection
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentImpaired Driving and Evidence Collection - 2If 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)).
514.5.2 BREATH TEST
The Traffic Sergeant should ensure that all devices used for the collection and analysis of breath
samples are properly serviced and tested and that a record of such service and testing is properly
maintained.
Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any
anomalies or equipment failures should be noted in the appropriate report and promptly reported
to the Traffic Sergeant.
When the arrested person chooses a breath test, the handling officer shall advise the person that
the breath-testing equipment does not retain a sample, and the person may, if desired, provide a
blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle
Code § 23614).
The officer should also require the person to submit to a blood test if the officer has a clear
indication that a blood test will reveal evidence of any drug or the combined influence of an
alcoholic beverage and any drug. Evidence of the officer's belief shall be included in the officer's
report (Vehicle Code § 23612(a)(2)(C)).
514.5.3 BLOOD TEST
Only persons authorized by law to withdraw blood shall collect blood samples (Vehicle Code §
23158). The withdrawal of the blood sample should be witnessed by the assigned officer. No
officer, even if properly certified, should conduct the blood withdrawal.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate
sample can be drawn for alternate testing. Unless medical personnel object, two samples should
be drawn and retained as evidence, so long as only one puncture is required.
If an arrestee cannot submit to a blood test because he/she is a hemophiliac or is using an
anticoagulant, he/she shall not be required to take a blood test. Such inability to take a blood test
should not be treated as a refusal. However, the person may be required to complete another
available and viable test.
514.5.4 URINE TESTS
If a urine test will be performed, the person should be promptly transported to the appropriate
testing site. The officer shall follow any directions accompanying the urine evidence collection kit.
Urine samples shall be collected and witnessed by an officer or jail staff of the same sex as the
person giving the sample. The person tested should be allowed sufficient privacy to maintain his/
Mountain View Police Department
Mountain View PD Policy Manual
Impaired Driving and Evidence Collection
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by