Can military police do the same things as a California DUI peace officer, attorneys are often asked. Here’s what DMV’s Manual requires:
“12.092 Military Police
Although there are similar laws in other states, there is no national APS law. Therefore, when APS refers to a “peace officer”, it means as defined by California law, which is found in the California Penal Code. The U.S. military do not automatically have the authority or jurisdiction to enforce state laws. Under §830.8(b) PC, military police of the United States Government are not peace officers, unless:
• they have met peace officer training requirements given in (§832 PC).
• they enforce state (or local) laws on U.S. Government property. AND
• the sheriff or chief of police in whose jurisdiction the property is located has given them written consent to make arrests on property adjoining the military reservation.
Without consent on file with the department, military police may only make a citizen’s arrest and summon law enforcement to complete the process. They may not admonish the driver, offer or give tests, or complete and sign the Officer’s Statement.” [p. 12-44]
San Diego DUI Lawyers need to remind DMV of these requirements before DMV can suspend one’s California license.