Title 17 of the California Code of Regulations lays out a strict set of rules for how law enforcement must conduct the blood, breath and urine tests that are given after a person is arrested on suspicion of deriving under the influence of alcohol or drugs (DUI). These rules can be used by a skilled Los Angeles DUI defense attorney to successfully challenge a DUI prosecution, and may be the basis for having these tests thrown out of court.
To understand how Title 17 challenges work, it is helpful to know more about Title 17 rules. If these rules are violated, then your Los Angeles DUI defense attorney may have cause to file a motion to have the results of the tests excluded from your case.
DUI Blood Tests
For California DUI blood tests, Title 17 requires that law enforcement officers follow certain protocol. That includes:
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Only authorized technicians can perform the blood draw;
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No alcohol-based sterilization of the draw site;
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There must be a sufficient amount of anti-coagulant and preservative in the vial to prevent clotting and fermentation;
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The preservative or anti-coagulant in the vial must not be expired;
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The anti-coagulant and preservative must be sufficiently mixed with the blood sample; and
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The blood sample must be stored properly.
If the government fails to comply with any or all of these Title 17 regulations, then it could be grounds for challenging the validity of the blood test.
DUI Breath Tests
Title 17 also governs the administration of breath tests for California DUI cases. According to a Los Angeles DUI defense attorney, these rules include requirements that:
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The breath sample come from alveolar air, or deep lung air;
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The person providing the sample is observed for at least 15 minutes before providing the breath sample;
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During that 15 minutes, the person did not eat, drink, smoke, vomit or regurgitate; and
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The breath test instrument is calibrated every 10 days or 150 uses.
As with blood tests, if a breath test is not taken in accordance with these rules, it could be a basis for challenging the validity of the test. For example, if a person regurgitates before taking the breath test, that could impact the accuracy of the breath sample.
DUI Urine Tests
Urine tests are rarely given, but may be offered if a breath or blood test is unavailable, or if a person is suspected of driving under the influence of both drugs and alcohol. If this occurs, then the person taking the test must void his or her bladder and then provide a sample at least twenty minutes later. A sample taken earlier than twenty minutes after the initial voiding could make the test unreliable, and grounds for challenging the test.
If there has been a Title 17 violation in your case, your Los Angeles DUI defense attorney may be able to negotiate a reduced charge, have the case dismissed, or take the case to trial and potentially reach a not guilty verdict after having the results of the blood, breath or urine tests suppressed.
At the Chambers Law Firm, our skilled Los Angeles DUI defense attorneys understand the intricacies of Title 17 and how these tests must be administered. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
