When you are arrested on suspicion of DUI (Driving Under the Influence) in California, you’ll be escorted to a police station where a chemical blood or breath test will be conducted to ascertain your blood alcohol content (BAC). A BAC of .08 percent or more (or even lower, for certain demographics) stands as potent evidence for DUI charges.
However, the police must abide by specific procedures while collecting blood or breath samples post-arrest. Any deviation from these procedures might compromise the test results and thus, question the legitimacy of the charges due to potential inaccuracies.
Having an adept DUI lawyer in Newport Beach, can be pivotal in successfully countering a DUI charge. Your attorney will be well-versed in all legally mandated procedures, including the 15-minute observation period prior to a chemical breath test.
Understanding the 15-Minute Observation Period
The California Code of Regulations outlines the exact procedures that law enforcement must adhere to before collecting a breath sample from a DUI suspect. One such stipulation is a 15-minute observation period prior to the DUI breath test. As per Title 17, section 1219.3 of the California Code of Regulations, a breath sample “…shall be collected only after the subject has been under continuous observation for at least fifteen minutes prior to collection of the breath sample, during which time the subject must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten or smoked.” Importantly, the observation must be continuous, and it must be ascertained that you didn’t eat, drink, burp, hiccup, or vomit during that time.
The rationale behind this regulation is clear: any of the above-mentioned factors could influence your breath sample results, leading to a false positive or an inaccurate reading. Suppose you regurgitate stomach acid or burp up some alcohol, this could result in an inflated BAC reading that doesn’t accurately represent your intoxication level. The breath test, in such a case, wouldn’t be measuring your blood alcohol content — but the alcoholic content of whatever was in your mouth at the time. This is a significant issue when seeking an accurate DUI breath test result.
In numerous instances, law enforcement doesn’t genuinely observe DUI suspects prior to administering a DUI breath test. They might set a 15-minute timer, but few officers vigilantly observe a suspect for the entire duration. They might fill out paperwork, prepare the breath test machine, or even include the drive time to the police station as part of the observation period. However, unless the suspect was under continuous observation for those 15 minutes — something impossible if an officer is driving, handling paperwork, or otherwise preoccupied — the test results might be unreliable due to burping, vomiting, ingesting alcohol, or numerous other factors.
Your DUI lawyer in Newport Beach can contest the charges against you if the officers failed to observe you continuously for the full 15-minute duration — and cannot confirm that you refrained from any of the actions mentioned in the regulation. Reach out to Chambers Law Firm today at 714-760-4088 or via email to understand how we can use the 15-minute observation period to challenge your DUI charges. We offer free initial consultations, and we will resolutely defend you against all California DUI charges.
