Section 23614 Of Article 1. General Provisions From California Vehicle Code >> Division 11.5. >> Chapter 4. >> Article 1.
23614
. (a) In addition to the requirements of Section 23612, a
person who chooses to submit to a breath test shall be advised before
or after the test that the breath-testing equipment does not retain
any sample of the breath and that no breath sample will be available
after the test which could be analyzed later by that person or any
other person.
(b) The person shall also be advised that, because no breath
sample is retained, the person will be given an opportunity to
provide a blood or urine sample that will be retained at no cost to
the person so that there will be something retained that may be
subsequently analyzed for the alcoholic content of the person's
blood. If the person completes a breath test and wishes to provide a
blood or urine sample to be retained, the sample shall be collected
and retained in the same manner as if the person had chosen a blood
or urine test initially.
(c) The person shall also be advised that the blood or urine
sample may be tested by either party in any criminal prosecution. The
failure of either party to perform this test shall place neither a
duty upon the opposing party to perform the test nor affect the
admissibility of any other evidence of the alcoholic content of the
blood of the person arrested.
(d) No failure or omission to advise pursuant to this section
shall affect the admissibility of any evidence of the alcoholic
content of the blood of the person arrested.