Policy Text
San Francisco Police Department 9.03
GENERAL ORDER Rev. 03/18/98, Eff. 04/01/98
MANDATORY BLOOD TESTS FOR DRIVERS
UNDER THE INFLUENCE
The purpose of this order is to establish the policy and procedures for the chemical testing of
non-consensual blood samples taken from persons arrested for driving under the influence of
alcohol and/or drugs. This order cancels and supersedes all prior orders on this subject.
I. POLICY
A. Officers shall adhere to the following procedures regarding the nonconsensual withdrawal
of blood samples from persons arrested pursuant to section 23152 (misdemeanor),
23152/23175 (felony) of the State of California Vehicle Code (V.C.).
1. When an officer makes a lawful arrest for driving under the influence Sections 23152,
23152/23175, or 23153 of the State of California Vehicle Code, based upon the
reasonable belief that the person arrested is intoxicated, the arrestee will be given the
opportunity to voluntarily submit to a blood, breath, or urine test, but reasonable force
may be used to obtain a sample of arrested persons' blood upon refusal to submit to
tests (blood, breath or urine) as per Chemical Test Admonition (23157 V.C.)
2. The individual (driver) shall be admonished that refusal to voluntarily submit to, or
complete a chemical test of his or her choice, will result in the forcible withdrawal of a
blood sample, and that the mandatory license suspension pursuant to 13353 (Implied
Consent) and 13353.2 (Administrative Per Se) of the California Vehicle Code will be
invoked.
The force used to obtain the non-consensual blood sample must be limited to the
amount necessary to obtain the sample and not disproportionate to the need.
4. The sample must be drawn by a medically qualified person, as per Section 23158 V.C.,
in a reasonable and medically approved manner.
5. All non-consensual blood samples shall be withdrawn by an emergency attending
physician or charge nurse at San Francisco General Hospital, or by the jail nurse at the
Hall of Justice.
DGO 9.03
Rev. 03/18/98, Eff. 04/01/98
6. Blood samples shall not be withdrawn from persons who are hemophiliacs, or who
have a heart condition and are using a prescribed anticoagulant as per Section 23157(b)
V.C. A statement by the arrestee to that effect is sufficient for the officer to assume
that the subject qualifies for exemption. It is recommended that officers make this
determination early in the arrest procedure to assist with determining which chemical
tests are applicable to the subject.
7. Except in cases of felonies, persons under 18 years of age will not be subject to non-
consensual chemical testing.
II. ARREST PROCEDURES
A. The individual (driver) must have been placed under arrest for any violation of Sections
23152, 23152/23175, or 23153 of the State of California Vehicle Code.
.The Individual (driver) arrested for violation of Section 23152, 23152/23175, or 23153
V.C. (felony or as a misdemeanor) shall be given the opportunity to submit to a
chemical test of his or her choice (blood, breath or urine). This will be accomplished by
the officer reading verbatim the formal admonishment (Chemical Test Admonition
[23157 V.C.] located on page 3 of 4 of SFPD 284 (Driving Under the Influence).
2.If the individual (driver) arrested is in need of medical treatment and is first transported
to a medical facility where it is not feasible to administer a particular test of, or to obtain
a particular sample of, the person's blood, breath, or urine, the person has the choice of
those tests which are available at the facility to which the person has been transported.
If the individual (driver) has chosen a breath test and upon completion of that test, drug
use is suspected, officers shall then read verbatim the Drug Admonition located on page
4 of 4 of SFPD 284 (Driving Under the Influence). The arrestee will then have a choice
of a blood or urine test. The officer shall state in his or her report the facts upon which
the test was requested [23157 (a)(1) V.C.]
4. If the individual (driver) has refused to submit to chemical testing after: (1) being read
the Chemical Test Admonition (23157 V.C.); (2) being asked to submit to a blood test in
a felony arrest situation; or (3) upon being read the Drug Admonition after submitting to
a breath test, a non-consensual blood sample will be drawn.
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DGO 9.03
Rev. 03/18/98, Eff. 04/01/98
5. Any person who is unconscious or otherwise in a condition rendering him or her
incapable of refusal is deemed not to have withdrawn his or her consent, and a test or
tests may be administered whether or not the person is told that his or her failure to
submit to, or the noncompletion of, the test or tests will result in the suspension or
revocation of his or her privilege to operate a motor vehicle. Any person who is dead
and is deemed not to have withdrawn his or her consent and a test or tests may be
administered at the direction of a peace officer (Section 23157 [a] [5] V.C.)
III.