Title 17 Violations in California DUI Investigations
In California, DUI charges are serious and carry significant consequences if convicted. To uphold the principles of justice in DUI investigations, California has instituted stringent guidelines under Title 17 of the California Code of Regulations, which play a crucial role in ensuring fairness and protecting the rights of the accused.
These regulations outline the procedures law enforcement must follow for breath, blood, and urine tests.
They ensure that the evidence collected is reliable and help prevent false positives and unjust convictions. If these procedures aren't properly followed, the results may be tainted, potentially implicating you unfairly.
Simply put, Title 17 of the California Code of Regulations sets forth several rules about how the government must conduct DUI blood tests, DUI breath tests, and DUI urine tests.
The prosecutor usually uses these chemical tests to support charges of Vehicle Code 23152(b) VC driving under the influence with a BAC of 0.08% or greater. However, if the police failed to comply with Title 17, the prosecution may not be able to use the test results as evidence.
In essence, Title 17 violations can be pivotal in a DUI defense strategy. Challenging these violations in a DUI case could lead to a range of outcomes, from an acquittal at trial to a successful plea bargain to lesser charges or even the outright dismissal of the DUI charges.
For this reason, it's crucial to have a skilled California criminal defense attorney on your side. They will meticulously review the processing of your blood, breath, or urine tests by law enforcement to ensure Title 17 rules are being followed. If not, this could provide the leverage needed to have the charges against you dismissed.
What is Title 17 Regarding DUI Investigations?
Title 17 of the California Code of Regulations, among other provisions, sets forth the rules and standards for the collection, analysis, and preservation of breath, blood, and urine samples in DUI investigations.
These regulations are crucial because they ensure the accuracy and reliability of chemical test results, which are critical to DUI evidence. The main components of Title 17 relevant to DUI investigations include:
- Breath Tests: Title 17 requires that breath-testing instruments be properly maintained and calibrated. It also outlines procedures for administering the test, such as observing the individual for at least 15 minutes beforehand to ensure they do not ingest substances or regurgitate, which could affect the results. The breath sample must come from deep lung air (alveolar air). The breath testing instrument must be calibrated every ten days or 150 uses (whichever occurs first). Title 17 imposes these safeguards to ensure that DUI breath tests are as accurate as possible.
- Blood Tests: For blood tests, Title 17 requires that samples be drawn in a medically approved manner by a qualified individual, such as a licensed phlebotomist or nurse. The regulations also specify how to store and transport the blood sample to maintain its integrity. In other words, an authorized technician must perform the blood draw. An alcohol-based cleaning agent must not be used to sterilize the draw site. There must be a sufficient amount of anticoagulant and preservative in the blood vial. The blood sample must be properly stored.
- Urine Tests: Title 17 states that urine samples must be collected to prevent contamination or tampering. The regulations require the individual to provide two samples, with the first discarded to avoid inaccuracies related to the test timing.
When law enforcement officers fail to comply with these regulations, inaccurate test results can result in casting doubt on the validity of the evidence against the accused.
Many experts believe that DUI blood tests are the most reliable of the three California chemical DUI tests. Still, a Title 17 violation could expose the BAC to an attack by a defense lawyer.
What are Common Examples of Title 17 Violations?
Let's review some of the most common Title 17 violations during driving under the influence investigations in Los Angeles, which are discussed below.
Failure to Properly Calibrate and Maintain Breath Testing Devices
Breathalyzer machines must be regularly maintained and calibrated to ensure accurate BAC readings. Title 17 outlines specific calibration protocols, including timing (every ten days or 150 uses, whichever comes first) and record-keeping.
Perhaps the breath-testing machine needed to be properly calibrated, or the operator needed to be properly trained to operate the specific breath-testing instrument. In either case, the accuracy of your BAC results could have been compromised. A common violation happens when law enforcement neglects these protocols, leading to potentially inaccurate BAC readings.
Insufficient Observation Period Before Administering a Breath Test
Title 17 mandates that the officer observe the suspect for at least 15 continuous minutes before administering a breath test. This observation ensures the suspect does not ingest substances, burp, or regurgitate, which could contaminate the breath sample and inflate the BAC result. A violation occurs if the officer fails to maintain this observation period due to distraction or other activities.
Improper Collection and Handling of Blood Samples
Title 17 sets clear guidelines for collecting, storing, and transporting blood samples. A qualified medical professional must draw blood, and the sample must be preserved with the proper anticoagulants and preservatives. Violations happen when blood is drawn by unqualified personnel, stored at incorrect temperatures, or mishandled, risking contamination or fermentation of the sample.
Failure to Collect and Preserve Urine Samples Properly
For urine tests, Title 17 specifies that a suspect must provide two separate samples, discarding the first to clear the bladder of any residual alcohol. Additionally, the samples must be preserved correctly to avoid contamination or tampering. Violations occur when officers fail to instruct the suspect properly, fail to collect two samples, or mishandle the storage of the urine sample.
Inaccurate Record-Keeping and Documentation
Title 17 mandates thorough documentation of all procedures related to the administration of chemical tests, including calibration logs, chain of custody records, and observation notes. A common violation occurs when these records are incomplete, inaccurate, or missing altogether.
What are Some Defense Strategies for Suspected Title 17 Violations?
Suppose DUI chemical test results are part of the evidence against you. In that case, an experienced California DUI defense attorney will investigate the possibility of a Title 17 violation that could help discredit these results.
If a Title 17 violation is found, it could cast doubt on the accuracy of the BAC results. This could lead the prosecutor to agree to a plea bargain for a lesser charge, such as wet reckless or dry reckless, providing a potential path to a less severe outcome.
A Title 17 violation could lead to a jury returning a not-guilty verdict for the defendant at trial or the prosecutor agreeing to dismiss the charges altogether, demonstrating the significant impact of these violations on the outcome of a DUI case.
Suppose you took a blood or urine test. In that case, your attorney might want to make a "blood split motion," which is a request that the prosecutor hand over the remaining portion of the defendant's blood or urine sample so the defense team can have it re-tested at an independent laboratory.
If you have been charged with a DUI, it is crucial to seek the assistance of an experienced criminal defense attorney who can evaluate your case for potential Title 17 violations. Your attorney may use various strategies to challenge the accuracy and reliability of chemical test results, such as:
- Expert Witnesses: Your attorney may bring in experts who can testify about the proper protocols for administering chemical tests and identify any deviations from Title 17 regulations.
- Chain of Custody Challenges: Your attorney may argue that there were errors or gaps in the chain of custody documentation, which could call into question the integrity and authenticity of the evidence.
- Improper Handling or Storage Arguments: If there are indications that blood or urine samples were not collected, stored, or transported according to Title 17 guidelines, your attorney may use this as a defense strategy.
Ultimately, confirmed Title 17 violations weaken the prosecution's evidence against you when charging you with DUI. A successful challenge of these improper procedures may result in having the results suppressed so they can't be used as evidence against you, and this may even result in having the charges dismissed.
Contact our law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.
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