Vehicle Code 23612 VC – DUI Chemical Test Requirements

Before you get behind the wheel of a car, you should know all about Vehicle Code 23612 VC so that you can make sure that you are never in violation of it. This is a serious statue that is important to understand in and of itself, as well as how it connects to other DUI offenses. Below, you’ll learn all about:

What is Vehicle Code 23612 VC?

As far as the legislature is concerned, Vehicle Code 23612 VC is defined as: “(a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.”

In simpler terms, you are giving automatic consent to a chemical test (done either by blood or breath) that is going to confirm whether you are driving under the influence (DUI).  This only applies if you have already been arrested under the suspicion of DUI, and the test is a confirmation, medically speaking.

What does it mean to have violated Vehicle Code 23612 VC?

If you are charged with violating Vehicle Code 23612 VC, it means that you are refusing to submit your breath or your blood for the test that is done after your arrest. Sounds simple enough, but let’s put it into an example to understand what it could mean for your driving profile since this is a serious offense.

Jessica is a California resident who has been pulled over for weaving all over the road and driving under the influence of either drugs or alcohol. She previously was tested and confirmed over the legal limit, so she was arrested with DUI. Now she is being asked to submit either her blood or her breath for a test to confirm the results that were done at the time of the stop.  Jessica refuses to give her sample, so she is guilty of violating Vehicle Code 23612 VC.

What can I do about the violation?

In the case of this particular violation, there isn’t really anything that you can do about it.  After all, you are automatically consenting to a DUI test when you get behind the wheel as a California driver, so refusing to take the test, regardless of the reason, means that you shouldn’t be driving until you are ready to make that commitment!

That being said, there are a few things to keep in mind when it comes to the point in which you are asked for the confirmation test. California police offices are obligated to list 5 important details when you are arrested for a DUI. These include:

  • You’ve got your choice between a breath or a blood test: Where both are offered, you can choose between a chemical test of the breath or blood. However, if you are suspected of drug use, you will have to take a blood test to confirm it.
  • You do not have attorney privileges: While you have the right to attorney for questioning and other police proceedings, the test is not included. You are not allowed to see one before or during the test.
  • A Vehicle Code 23612 VC violation can be used against you in a court of law: The act of refusal can be brought up legally in a court of law at a later time.
  • This refusal will lead to fines and mandatory jail time: Both the fines and the jail time are mandatory in the state of California. Neither can be avoided when convicted of violating Vehicle Code 23612 VC.
  • Refusal means you are forfeiting your license: By refusing to take the test, you will have your driver’s license taken from you simply for refusing it.  This can range anywhere from 1-3 years loss, depending on how many DUIs you have on record over a 10-year record.

All of these are binding and are intended specifically to help DUI arrestees make their decision on whether or not to violate Vehicle Code 23612 VC or not.

If you can’t have your blood drawn in order to fulfill this requirement (ex: you are a hemophiliac or you are on blood thinners that make blood drawing unsafe), you can also ask to provide a urine sample in its place. In this particular example, you aren’t guilty of a Vehicle Code 23612 VC violation, you are simply looking for an alternative, accepted way to comply with the test for your own safety.

Also, you’ll want to remember that this chemical test is very different from the preliminary alcohol screener (PAS), which is more commonly known as a breathalyzer. This test is done to determine whether someone is DUI, but it still requires the chemical test to confirm it after someone is arrested. This is especially so because the PAS test is not mandatory and it can be declined.

Other possible Vehicle Code violation connections

Of course, a Vehicle Code 23612 VC can also be connected with a similar violation, such as:

  • Vehicle Code 23152: This violation means you are guilty of driving under the influence of alcohol or drugs.

In rare cases, you can be arrested on suspicion of a DUI only to have the chemical test be negative, but most cases connect a suspected DUI with someone who is actually driving under the influence, confirmed with chemical results. The PAS test is used, in combination with the peace officer’s training and experience to make the assessment.

Since there is a clear connection, both charges often happen to be applied together (assuming you are guilty of a Vehicle Code 23612 VC violation, that is). Alternatively, if you are DUI but consent to the test, this one will be applied instead in most cases. It’s all about matching the proper violation to the offense itself.

Is this ticket eligible for traffic school?

Unfortunately, this ticket is not eligible for traffic school. If you wish to qualify for MM TRAFFIC SCHOOL, you must receive a citation called a “moving violation”. This means a violation related to your vehicle actually in motion(ex: changing lanes illegally).  If you receive this kind of violation, you are not eligible for traffic school.

If you need more information on this, or you’d like more detail, please contact us and we’ll be happy to fill you in on all of the details.  You can also check with the court issuing your violation, too, as they will be familiar with your personal file.

How can I avoid a citation for a Vehicle Code 23612 VC violation?

Without question, this is going to be a violation that you’re going to want to avoid!  In this case, avoiding a citation for it is going to be as simple as making sure that you don’t refuse a chemical test after being arrested for a DUI.  Being arrested is definitely scary and it can be easy to say “No” to something as “hard evidence” as a blood or breath test, but it’s important to comply with these tests. This is especially since they can be court-ordered, meaning you don’t have the legal right to refuse the test. Always comply with the police officers and what they ask you to do when it comes to this test.

The other way to avoid this violation, of course, is to make sure that you get behind the wheel after you’ve been drinking or otherwise under any other influence. It’s dangerous to be driving while under the influence, after all, and part of being a responsible driver is in making sure that you are always in the right state of mind to be driving a vehicle. Remember: being arrested for a DUI is very bad, but being guilty of a Vehicle Code 23612 VC is even worse!  Always obey peace officers, as they are literally the law!



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