What Are the Rules for BAC Testing in California?

The police pull you over on your way home from a party. You know that you only had one drink, but the officer is suspicious and tests you to identify your “blood alcohol concentration” (BAC). The results say that you’re impaired. You end up under arrest, and your future now depends on the validity of tests that determined you were impaired. How does the government ensure your results are valid?

Breath Alcohol Test Rules in California

The first forensic test a police officer may collect from you is a breath alcohol test. This test is typically performed on the side of the road during a traffic stop. A breath alcohol test will gauge the concentration of alcohol in your blood to determine whether you are legally impaired.

For a breath alcohol test to be valid in California, you must have fifteen continuous minutes before the test where you do not:

• Ingest alcoholic beverages or other fluids;
• Regurgitate;
• Vomit;
• Eat; or,
• Smoke.

The officer must collect two separate breath samples from you, and the results must not differ by more than 0.02 grams per 210 liters of breath.

Additionally, for the results to be acceptable, the breathalyzer or other instrument used for collecting the specimen must be checked for accuracy every ten days or after testing every 150 subjects, whichever comes sooner. The officer performing your breath test also must have proper training, including the study of at least:

• The theory of breath alcohol collection testing;
• The procedures of breath alcohol testing;
• A precautionary checklist for testing;
• Practical testing examples; and,
• A written examination.

If any of the training, procedures, or handling of your breath alcohol testing samples were deficient, you might be able to challenge the evidence in court.

Blood Collection Test Rules in California

If you are arrested for allegedly driving under the influence, the police may take a blood specimen from you to support or confirm the results from a breath alcohol test. A valid blood test for alcohol concentration must:

• Be collected as soon as possible after an alleged offense;
• Be taken without using alcohol or other volatile compounds to clean your skin;
• Use sterile and clean needles;
• Be deposited into a clean, dry container which is closed with an inert stopper; and,
• The blood must be mixed with an anticoagulant and a preservative.

After the sample is taken and tested, California law requires the government to keep any remaining blood samples for at least 90 days to allow you to conduct your own analysis.

Urine Collection Test Rules in California

In addition to breath and blood testing, California allows law enforcement to collect urine samples for forensic alcohol analysis. For a urine test to be valid, its collection must:

• Be no more than 20 minutes after you first urinate;
• Be deposited in a clean, dry container that also contains a preservative; and,
• Be retained for at least a year from the collection date so you can obtain your own testing.

In California, no matter what method of testing is used, if you’re tested for forensic alcohol analysis, the government is required to collect and handle samples in a manner that maintains the identity and integrity of the specimen through the collection to analysis and reporting.

A skilled criminal defense attorney in California can help you determine if your blood alcohol concentration samples were collected properly. Your best chance of achieving a favorable outcome in a DUI case is to hire a defense attorney in Riverside, CA to represent you.

The Chambers Law Firm represents people who have been charged with DUIs in Riverside and the surrounding areas. Contact us today at 714-760-4088 or info@orangecountyduifirm.com to schedule a free consultation with a qualified member of our team.