Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 11/01/2018 11/01/2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_______ ____________________
526 - Administrative Per Se Law (APS) 1 POLICY 526 ADMINISTRATIVE 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.
526.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 61.1.9 , 61.1.10, 61.1.11
526.2 SUSPENSION OF CALIFORNIA D RIVER’S LICENSES
The driver’s license of a person suspected of driving under the influence of alcohol shall
immediat ely 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 & 2 3140 were enacted to reduce alcohol related incidents by persons
under the age of 21 -years. A person under 21 -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 a Preliminary Alcohol Screening (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, based on the PAS results, the driver’s blood
alcohol reading warrants arrest and further chemical testing, the Department of Motor Vehicles
does not require completion of the chemical test section of the DS367 (m) 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 fol lowing:
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 11/01/2018 11/01/2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_______ ____________________
526 - Administrative Per Se Law (APS) 2
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 .
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 s ubject presents an Admin Per Se suspension
order/temporary license, the officer should not confiscate the order but should issue
another order pursuant to the current DUI arrest .
526.4 DEPARTMENT OF MOTOR VEHICLES NOTIFICATION
The following specified i tems must be forwarded to the Department of Motor Vehicles within five
regular business days:
a) Officer’s Statement Form DS367 or DS367 (m) (Minor) or DS367 (s) (Spanish) ;
b) Order of Suspension Form (DS367, DS367 (m) or DS367 (s), pages 2 and 3) ;
c) Copy of the pri ntout 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 follow ing responsibilities are identified:
526.5.1 SUPERVISORY APPROVAL
The Watch Commander, or the Supervisor responsible for approving reports, shall collect the
documents described in Policy Manual § 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