Policy Text
Policy
526Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdministrative Per Se Law (APS) - 1Administrative Per Se Law (APS)
526.1 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.
526.2 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
526.2.1 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 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 the driver's PAS reading warrants arrest and further chemical testing, the DMV
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.
526.3 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.
Mountain View Police Department
Mountain View PD Policy Manual
Administrative Per Se Law (APS)
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdministrative Per Se Law (APS) - 2(b)Complete and serve the Administrative Per Se Order of Suspension (DMV form
DS367, DS367m or DS367s - Officer's Statement and Order of Suspension), 4th page
on the driver, regardless of license status.
(c)The officer will inform the driver that the "Administrative Per Se Order of
Suspension", form DS367, DS367m or DS367s along with his/her violator's "Notice
to Appear" (except "Zero Tolerance") or other release from custody document will
serve as the driver's temporary license. If the driver's privilege to drive is suspended
or revoked, the order will not be a valid temporary license. If the subject presents an
APS suspension order/temporary license, do not confiscate the order and do issue
another order pursuant to the current DUI arrest.
526.4 DEPARTMENT OF MOTOR VEHICLES NOTIFICATION
The following specified items must be forwarded to the Department of Motor Vehicles within five
regular business days:
(a)Officer's Statement form DS367 or DS367m (Minor) or DS367s (Spanish)
(b)Order of suspension (form DS367, DS367m or DS367s, pages 2 and 3)
(c)Copy of the printout of the breath test (if taken)
(d)Traffic collision report if applicable
(e)The offender's driver's license
526.5 PROCESSING OF FORMS
In order to ensure that the Department of Motor Vehicles and Police Department forms are routed
properly, the following responsibilities are identified:
526.5.1 SUPERVISORY APPROVAL
The Field Supervisor responsible for approving reports, shall collect the documents described in
§ 526.4, review for completeness (dates, times, signatures, etc.) and forward the originals of the
documents to the Records Unit.
526.5.2 RECORDS UNIT RESPONSIBILITY
The Records Unit is responsible for the following:
•Copies of documents required by DMV are to be made for the Department Files and
the originals are then to be forwarded to the Department of Motor Vehicles;
•One copy of the Forensic Alcohol Examination Report shall be attached to the second
copy of form DS367.
If the Department of Motor Vehicles should return form DS367, DS367m or DS367s for corrections,
the Records Unit must notify the officer's supervisor. The officer shall make the corrections by lining
Mountain View Police Department
Mountain View PD Policy Manual
Administrative Per Se Law (APS)
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdministrative Per Se Law (APS) - 3out the