Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 05/01/201 9 05/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________________________
514 - Drunk Driving and Evidence Collection 1 POLICY 514 IMPAIRED DRIVING AND EVIDENCE COLLECTION
514.1 PURPOSE AND SCOPE
This policy explains the procedures to be followed while collecting evidence to establish the blood
alcohol level of drivers arreste d for driving while intoxicated and unconsci ous drivers who are
suspected of driving while intoxicated .
514.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 61.1.10 , 61.1.11, 61.2.2, 71.5.1
This section pertains to the following Standard Operating Procedures: CP506
514.2 CHEMICAL TESTING
When a person is arrested for driving under the influence of an y alcoholic beverage or drug or the
combined influence of an alcoholic beverage and any drug, the arresting officer will advise the
person that he/she has a choic e of whether the chemical test shall be of the breath or blood
(Vehicle Code § 23612 (a)(2)(A) or Vehicle Code § 23612 (a)(2)(B) ).
If both the blood and breath tests are unavailable, the person shall be deemed to have given his
or her consent to chemical testing of his or her urine and shall submit to a urine test (Vehicle
Code § 23612 (d)(2)). However, officers are encouraged to make every effort to obtain a breath
or blood sample. In the event our breath machines are unavailable or inoperable, officers should
consider contacting the CHP or Irvine PD for assistance since the standard Orange County
breathalyzer machines (PEBT) provided by the Orange County Crime Lab are now portable.
A person who is afflicted with hemophilia is exempt from the blood tes t required by this section,
but shall submit to and complete, a urine test ( Vehicle Code § 23612 (b)).
A person who is afflicted with a heart condition and is using an anticoagulant under the direction
of a licensed physician and surgeon is exempt from th e blood test required by this section, but
shall submit to, and complete, a urine test ( Vehicle Code § 23612 (c)).
If the person chooses to submit to a breath test, the officer should also require the person to
submit to a blood or urine test if the offic er has a clear indication that a blood or urine test will
reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug
(Vehicle Code § 23612(a)(2)(C)).
Any person who is unable to submit to a chemical test due to any of the following conditions shall
not be considered as refusing to comply with the provisions of Vehicle Code § 23612:
a) The department is unable to furnish a selected test .
b) There are verifiable medical reasons for noncompliance.
c) An attending physician refuses to allow it .
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 05/01/201 9 05/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________________________
514 - Drunk Driving and Evidence Collection 2
514.2.1 COLLECTING BLOOD EVIDENCE
Only a certified phlebotomy technician, licensed physician, nurse or other individual authorized by
Vehicle Code § 23158(a) may withdraw a blood sample. Whether such evidence is collected at
the Department or other location, the withdrawal of the blood sample shall be witnessed by an
officer.
When a person cannot submit to a blood test because he/she is a hemophiliac or is using an
anticoagulant under the direction of a physician for a heart condition, he or she shall not be
required to take a blood test ( Vehicle Code § 23612(b) and (c)).
All blood samples collected shall be retained by the certified phlebotomist who will transfer it to
the Crime Lab for analysis.
514.2.2 COLLECTING BREATH AS EVIDENCE
If the arrested person chooses a breath test and it can be accomplished without undue delay, an
officer trained in the use of the alcohol breath machine will record the blood alcohol level by
obtaining samples of the person’s breath.
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 specimen which will be retained to facilitate subsequent verification testing ( Vehicle Code §
23614).
514.2.3 COLLECTING URINE AS EVIDENCE
If the arrested person is incapable of submitting a breath or blood sample pursuant to Vehicle
Code §23612(a), or is medically exempt from submitting a blood sample pursuant to Vehicle
Code §236 12(b)/(c), he/she shall be promptly transported to the Orange County Jail. Urine
evidence collection kits are maintained at the Orange County Jail . The officer shall follow the
directions listed on the instruction sheet accompanying the urine evidence coll ection kit. If the
arrested person’s urine is necessarily collected elsewhere, the procedure will remain the same.
Urine samples shall be collected and/or witnessed by an officer or matron of the same