When a person is detained on suspicion of driving under the influence of alcohol or drugs, police enforcement must follow rigorous procedures laid out in Title 17 of the California Code of Regulations when administering blood, breath, and urine tests (DUI). These guidelines may serve as the foundation for having these tests thrown out of court and can be effectively used by an experienced DUI defense lawyer to successfully contest a DUI charge.
Knowing more about Title 17 rules can help you comprehend how Title 17 challenges operate. Your DUI defense lawyer may have reason to make a petition to have the test results removed from your case if these regulations are broken. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Blood tests for DUI
Title 17 dictates the procedure that law enforcement officials must follow when administering blood tests for California DUIs For example, the blood draw can only be carried out by certified technicians, no draw site sterilization using alcohol can be used, to avoid clotting and fermentation, there must be enough anti-coagulant and preservative in the vial, the anticoagulant or preservative in the vial must be active, the blood sample must be properly mixed with the anticoagulant and preservative; and the blood sample needs to be carefully kept.
It may be possible to contest the accuracy of the blood test if the government violates any one or more of these Title 17 rules.
Breath tests for DUI
The administration of breathalyzer testing in DUI proceedings in California is governed under Title 17 as well. These regulations call for the deep lung or alveolar air from which the breath sample was taken, before delivering the breath sample, the subject being watched for at least 15 minutes, the person did not eat, drink, smoke, vomit, or regurgitate during those 15 minutes, and every ten days or 150 usage, the breathalyzer is calibrated.
If a breath test is not administered in compliance with these guidelines, just as blood testing, it may be possible to contest the validity of the test. For instance, if someone gags before performing the breath test, it might affect how accurately the sample of breath is taken.
Urine DUI tests
Urine tests are not frequently administered, although they could be if a blood or breath test is not available or if someone is suspected of operating a vehicle while under the influence of both alcohol and drugs. In this case, the test subject is required to empty their bladders and then deliver a sample at least 20 minutes later. A sample obtained before twenty minutes have passed after the first voiding might render the test unreliable and give rise to a test challenge.
Call now to speak to a DUI defense attorney
If there has been a breach of Title 17 in your case, your DUI defense lawyer could be able to negotiate a lesser charge, get the case dropped, or go to trial and perhaps win the case after getting the blood, breath, or urine test results suppressed.
Our knowledgeable DUI defense lawyers at Chambers Law Firm are familiar with the nuances of Title 17 and how these tests must be conducted. For a free first consultation, call us at 714-760-4088 or email dchambers@clfca.com right now.
