California law requires the police to follow strict procedures in collecting breath, blood and urine samples in DUI cases. If those procedures are not followed, the accuracy of the test results could be challenged.
If you’ve been arrested for a DUI, you may think that you have no choice but to plead guilty. But as any experienced Newport Beach DUI lawyer will tell you, there are many potential factual and legal defenses to a DUI charge, depending on the facts of your case. And with very serious consequences for a DUI conviction, it pays to fully examine every possible avenue to having this charge dismissed or reduced.
One possible defense to a DUI charge is that the police made a mistake in administering, storing or analyzing a chemical blood, breath or urine test. If the police do not strictly comply with the laws governing these samples, your blood alcohol content (BAC) could register at a falsely high level. If this can be demonstrated, it could result in reduced or dismissed charges.
The Law Regarding Chemical Tests
Title 17 of the California Code of Regulations sets forth procedures for how the police handle chemical blood, breath and urine samples that are to be used in DUI cases. If these procedures are violated in any way, the accuracy of the test results could be compromised.
For chemical blood draws, mistakes could occur in any number of ways. This may include having an unauthorized technician draw the blood, having too little or expired anticoagulants or preservatives in the vial to prevent fermentation, using an alcohol swab to clean the skin prior to the draw, not properly mixing the blood sample or failing to properly store the blood sample. If any of these violations occurred — or any other violation of Title 17 — the results of the blood test may be negatively impacted. An experienced Newport Beach DUI lawyer can often challenge the results of a blood test that was taken improperly — which may lead to a reduction in or dismissal of the charges.
For breath tests, there are different types of violations that may occur. Title 17 provides that the breath sample for a chemical breath test must come from deep lung air, that the person giving the sample be observed for 15 minutes prior to giving the sample,t hat the person doesn’t eat, drink, smoke, vomit or regurgitate during those 15 minutes, and that the testing instrument is calibrated either every 10 days or 150 uses (whichever happens first). These regulations insure that the chemical breath test is as accurate as possible. For example, the requirement that deep lung air be used is meant to prevent mouth alcohol from being measured — which is not a good measure of a person’s BAC. The testing instrument also has to be properly maintained and calibrated to prevent inaccurate readings. If these procedures are not properly followed, your Newport Beach DUI lawyer may be able to challenge the results of your chemical breath tests.
For some people arrested for DUI in California, it may be an option to provide a sample for a chemical urine sample. This happens when neither the blood or breath test are available or when you are suspected of driving under the influence of drugs and/or alcohol. Title 17 requires that the person empty their bladder and then provide a sample at least 20 minutes later. If the sample is taken sooner than 20 minutes after the bladder is emptied, the results may be inaccurate and your attorney may be able to use that fact as a defense to your DUI charge.
Finally, Title 17 requires that blood and urine samples be maintained for a period of one year. This allows you to have your sample re-tested at an independent laboratory. If different results are shown by the independent testing, you could argue that the police’s results are inaccurate and untrustworthy as a result.
The law and science surrounding DUIs can be complicated, which is why you need a seasoned Newport Beach DUI lawyer to represent you. At the Chambers Law Firm, we are highly experienced in all phases of DUI litigation, from the initial arrest through negotiation and taking the case to trial if necessary. We offer free consultations so that we can evaluate your case and help you understand your options. To learn more about how we can help you with a California DUI case, contact us today at 714-760-4088 or dchambers@clfca.com.
