Veh. Code, § 13388 · Article 3. Suspension and Revocation by Department
Veh. Code, § 13388
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a peace officer lawfully detains a person under 21 years of age who is driving a motor vehicle, and the officer has reasonable cause to believe that the person is in violation of Section 23136, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.
(b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, or if the results of a chemical test reveal a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:
(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person’s driving privilege.
(2) The officer shall take possession of any driver’s license issued by this state which is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.
(3) The officer immediately shall forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under paragraph (2), with the report required by Section 13380, to the department. For the purposes of this paragraph, “immediately” means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.
Notes and commentary — not statutory text
History
Added by Stats. 1998, Ch. 118, Sec. 7. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=13388.
- Text hash
- sha256 dd7b15e7b621d92d8a3e1b017052ff18853baa8ff11dbbd0c1462751b6765cc2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 13 provisions
Provisions in this library whose text cites Veh. Code, § 13388. Each shows the citation as that text prints it.
Vehicle Code
- Veh. Code, § 1803.4Printed as Section 13382 or 13388
- Veh. Code, § 12802.5Printed as Section 13388
- Veh. Code, § 13106Printed as Section 13388 or 13382
- Veh. Code, § 13353.1Printed as Section 13388 | Section 13388 or 13389
- Veh. Code, § 13353.2Printed as Section 13382 or 13388 | Section 13388
- Veh. Code, § 13353.3Printed as Section 13382 or 13388
- Veh. Code, § 13380Printed as Section 13388 | Section 13388 or 23612
- Veh. Code, § 13384Printed as Section 13388 or 23612 of the Vehicle Code
- Veh. Code, § 13392Printed as Section 13388
- Veh. Code, § 13551Printed as Section 13388, 23612, or 13382
- Veh. Code, § 13557Printed as Section 13382, 13388, 13389, or 23612
- Veh. Code, § 13558Printed as Section 13353, 13353.1, 13353.2, 13388, 23612, or 13382 | Section 13353.2, 13388, 23612, or 13382 | Section 13388, 23612, or 13382
- Veh. Code, § 22651Printed as Section 13388 or 13389
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.