Policy Text
Ref: CALEA
Standard 61.1.3; 61.1.5; 61.1.11
DEPARTMENTAL GENERAL ORDER P-2
Rev.
19 May 00
Index as: Administrative Per Se Suspension/
Revocation Order
Alcohol Tests Blood Tests
Breath Tests
Chemical Tests Chemical Testing of Hospitalized
Offenders
Drunk or Drug Arrests
Order of Suspension
Tests, Chemical
Urine Tests
Page 1 of 14
ADMINISTRATIVE PER SE PROGRAM AND CHEMICAL TESTS
FOR DRUG AND ALCOHOL RELATED ARRESTS
The purpose of this order is to set forth policy and procedures for the collection of
blood, urine, and breath samples from dr unk and drugged suspects and revocation of
drivers' licenses of motorists arrested for driving under the influence. This order
also references other related Departmental publications. I. TEST REQUIREMENTS
A. Driving Under the Influence of Alcohol and/or Drugs (DUI)
1. Pursuant to Vehicle Code Section 23157(a)(1), any person who drives a motor vehicle is considered to have given his/her consent to a chemical test to determine his/her alcohol and/or
drug level.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT P-2 Rev.
19 May 00
Page 2 of 14 2. The arresting officer shall retain the license of any driver 21 years of age or older, whose bl ood alcohol concentration (BAC)
level is .08 or greater; who is suspected of having a BAC level of .08 or greater; or who refuses to take a chemical test. The seized license shall be included in the case envelope in accordance with the procedures in Part VI, D, 5 of this order. BAC levels for drivers under 21 years of age and for
commercial vehicle drivers are .05 and .04 respectively. Vehicle
Code Section 13353 sets forth the duration and terms of suspension. (Suspension procedures are described in Part VI of
this order.)
3. Pursuant to Vehicle Code Section 23137, the officer shall request that a person under 21 ye ars of age and suspected of
driving under the influence submit to a Preliminary Alcohol Screening (PAS) test if one is immediately available to determine the presence of alcohol. If a PAS test is not immediately available, the officer may request the person to submit to chemical testing of his/her blood or breath [Section 23137(a)].
4. A subject suspected of driving under the influence shall be observed for a minimum of fifteen (15) minutes prior to administering a PAS test. The subject shall be observed for this period to prevent him/her from burping, urinating or consuming or placing anything in their mouth (e.g. gum, mints, or breath spray) which might invalidate the PAS test.
5. If a person under 21 years of age completes the test and the results are .01 percent or greater (BAC), or if a person under 21 years of age refuses or fails to complete the test, the officer shall
retain the driver’s license, and issue a temporary driver license
(DMV form 367M), but shall not make a physical arrest. The seized license shall be included in the case envelope in accordance with the procedures in Part VI, D, 5 of this order.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT P-2 Rev.
19 May 00
Page 3 of 14 B. Under the Influence of Drug and/or Alcohol
A person arrested for being under the influence of any controlled substance (Penal Code Section 647(f) drugs, and Health and Safety Code Section 11550) shall be offered a chemical test to determine the
presence or absence of a narcotic in his/her body. Such test shall be
provided at the City Jail.
Choice of Tests
1. A person arrested for driving under the influence of alcohol
has
the choice of whether the test shall be of his/her blood or breath. A person arrested for driving under the influence of drugs
has
the choice of whether the test shall be of his/her blood or urine. The arresting officer shall advise the person of his/her available choices. If the person arrested requires immediate medical treatment, that person shall first be transported to a medical facility and the tests offered shall be only those tests which are available at that facility.
2. A person arrested for Penal Code Section 647(f) drugs or Health
and Safety Code Section 11550 shall be offered a urine test at
the Jail. A blood test will be offered only upon the specific
request of the suspect. The arresting officer shall complete a
Narcotic Influence Report (TF-680) for such arrests.
3. All samples for chemical tests shall be collected within three
hours of the suspect's arrest (23152 CVC).
a. The blood test shall be offered only once at the scene of the arrest. Once the person arrested has been transported
to the City Jail, he/she will only be offered a urine or
breath test.
b. If the suspect chooses a breath test at the scene of the arrest, he/she should also be offered the opportunity to receive an additional blood or urine test for evidentiary retention purposes.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT P-2 Rev.
19 May 00
Page 4 of 14 II. BLOOD TESTS
A. Location of Test Administration
Blood samples normally are taken at Highland Hospital. The arresting officer shall, whenever possible, take the offender to the hospital and act as the blood witness. If the arresting officer must remain at the
scene, he/she shall request transportation and blood witness assistance
through the Communications Division.