The Role of Police Procedure Errors in DUI Defense

A DUI charge can significantly impact your life, carrying with it the potential for serious consequences. However, an arrest does not automatically translate to a conviction, especially when procedural mistakes are made by law enforcement during the collection and analysis of chemical tests.

At Chambers Law Firm, we specialize in uncovering and leveraging these errors to defend our clients against DUI charges effectively. Contact us now at 714-760-4088 to request a free legal consultation.

Understanding Chemical Test Procedures

The accuracy of breath, blood, and urine tests in DUI cases hinges on strict adherence to California’s established procedures. Title 17 of the California Code of Regulations outlines these protocols, which include how samples should be collected, stored, and analyzed. Any deviation from these procedures can compromise the test results, making this a critical area of scrutiny in DUI defense.

Common Errors in Blood Test Procedures

Blood tests are a common method for determining blood alcohol content (BAC), but they are susceptible to numerous errors. Mistakes can occur during the collection process, such as using an improper anticoagulant or preservative ratio, employing an unauthorized technician for the draw, or failing to store the sample correctly. Each of these errors can lead to falsely high BAC readings. By challenging the integrity of the blood test, we may achieve a reduction or dismissal of DUI charges for our clients.

Breath Test Violations

Breath tests are another common tool in DUI arrests, but they are not immune to procedural errors. Title 17 mandates that the sample must be collected from deep lung air and that the individual must be observed for 15 minutes prior to the test, without eating, drinking, smoking, vomiting, or regurgitating. Additionally, the device used must be regularly calibrated. Violations of these guidelines can affect the test’s accuracy, providing a viable defense in DUI cases.

Urine Test Challenges

Although less common, urine tests are used when blood or breath tests are unavailable, or when drug use is suspected. Title 17’s regulations require an initial bladder emptying followed by a 20-minute wait before sample collection. If this procedure is not correctly followed, the results may not accurately reflect the individual’s substance use, offering a potential defense strategy.

The Importance of Independent Testing

Title 17 also mandates the preservation of blood and urine samples for one year, allowing for independent re-testing. Discrepancies between the initial test results and those obtained from an independent laboratory can cast doubt on the reliability of the police’s findings, further supporting the defense’s case.

How Chambers Law Firm Can Help

Navigating the complexities of DUI laws and the science behind chemical testing requires expertise and experience. At Chambers Law Firm, our team is adept at identifying procedural errors and leveraging them to our clients’ advantage. With a comprehensive understanding of DUI litigation, from arrest to trial, we’re committed to ensuring the best possible outcome for your case.

If you’re facing DUI charges and suspect that errors may have been made in your chemical testing, don’t hesitate to reach out to us. With a free consultation, we’ll evaluate your case and explore every avenue for defense. Contact Chambers Law Firm today at 714-760-4088 to learn how we can assist you in challenging your DUI charge.

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