Title 17 Violations in California DUI's
Title 17 of the California Code of Regulations, a crucial set of rules, establishes the government's procedures for conducting DUI blood, breath, and urine tests.
The prosecutor typically uses these chemical tests to support charges of Vehicle Code 23152(b) VC driving under the influence with a BAC of 0.08% or higher.
However, suppose the police fail to comply with Title 17. In that case, the prosecution might not be able to use the test results as evidence.
Simply put, Title 17 violations can be a powerful tool in your DUI defense strategy. They may lead to an acquittal at trial, a successful plea bargain to lesser charges, or even a complete dismissal of your DUI case.
If you are convicted of California DUI charges, you could face significant consequences. To uphold the principles of fair justice in DUI investigations, the State of California enacted strict guidelines under Title 17 of the California Code of Regulations.
These rules play an important role in ensuring fairness and protecting the rights of the accused as they outline the procedures law enforcement must follow for DUI chemical testing.
These rules ensure that the evidence collected is reliable and help prevent false positives that can lead to wrongful convictions. If these procedures are not properly followed, the results could be tainted.
What is Title 17 for DUI Investigations?
As noted above, Title 17 of the California Code of Regulations sets rules for how the government can conduct DUI blood tests, breath tests, and urine tests.
Challenging these violations in a DUI case can lead to a range of outcomes, including a case dismissal. Therefore, it's crucial to have an experienced Los Angeles DUI lawyer on your side. They can review the processing of DUI chemical tests and ensure your rights are protected.
If the Title 17 rules are not followed, it could provide the leverage needed to have the charges against you dismissed.
Simply put, Title 17 of the California Code of Regulations sets rules and standards regarding the collection, analysis, and preservation of breath, blood, and urine samples in DUI investigations. These regulations are critical because they ensure the accuracy and reliability of chemical test results, which form the primary DUI evidence.
What are Chemical Tests?
DUI chemical testing is the primary component of Title 17 related to driving under the influence investigations:
- Title 17 mandates that breath-testing instruments be properly maintained and calibrated. It also outlines procedures for administering the test, such as observing the suspect for at least 15 minutes to ensure they do not ingest substances or regurgitate, which might affect the results. Further, the breath sample must come from deep lung air, and the instrument must be calibrated every ten days or 150 uses. There are safeguards in place to ensure that DUI breath tests are as accurate as possible.
- For blood tests, Title 17 mandates that samples be drawn in a medically approved manner by a qualified person, such as a licensed nurse. There are also regulations on how to store and transport the blood sample to maintain its integrity. An alcohol-based cleaning agent cannot be used to sterilize the draw site. It's also required that there must be a sufficient amount of anticoagulant and preservative in the blood vial. The blood sample must also be properly stored.
- Title 17 requires that urine samples must be collected to prevent contamination or tampering. These regulations require suspects to provide two samples, with the first discarded to avoid inaccuracies.
Suppose police officers fail to comply with these regulations. In that case, inaccurate test results might cast doubt on the validity of the evidence against the accused.
What are the Common Title 17 Violations?
Some of the most common Title 17 violations include the following:
- Failure to properly calibrate and maintain breath testing devices. The breathalyzer machines must be regularly maintained and calibrated to ensure accurate BAC readings. Sometimes, the operator wasn't properly trained on how to operate the specific breath-testing instrument, causing inaccuracy in BAC results. Thus, a common violation occurs when police neglect these protocols.
- Insufficient observation period. Police must 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 can contaminate the breath sample and inflate the BAC result. Violations occur when police fail to maintain this observation period.
- Improper collection or handling of blood samples. A qualified medical professional must draw blood, and the sample must be preserved with anticoagulants and preservatives. Thus, violations occur when blood is drawn by unauthorized personnel, stored at incorrect temperatures, or mishandled, which risks contamination or fermentation.
- Inaccurate record-keeping. Title 17 requires proper documentation of all procedures related to the administration of chemical tests, including calibration logs, chain of custody, and observation notes. A common violation is incomplete, inaccurate, or missing records.
- Failure to properly collect and preserve urine samples. Title 17 requires that a suspect provide two separate samples, discarding the first to clear the bladder of residual alcohol. The samples must be preserved correctly to avoid contamination or tampering. Violations happen when police fail to instruct the suspect properly, fail to collect two samples, or mishandle storage.
What are the Defense Strategies?
When DUI chemical test results are used as evidence against you, a Los Angeles DUI lawyer can investigate potential Title 17 violations that might discredit these results.
When a Title 17 violation is found, it can cast doubt on the accuracy of the BAC results. This often causes the prosecutor to agree to a plea bargain for a lesser charge, such as wet reckless or dry reckless, with lesser penalties. Sometimes, the charges might be dismissed.
Suppose you took a blood or urine test. In that case, your defense lawyer might make a blood-split motion for the prosecutor to hand over the remaining portion of the sample so the defense team can have it re-tested at an independent laboratory.
When you are charged with a DUI, it's crucial to retain an experienced criminal defense attorney to evaluate possible Title 17 violations. Your lawyer might use different strategies to challenge the accuracy and reliability of chemical test results, such as the following:
- Expert witnesses could testify about the proper protocols for administering chemical tests and identify any deviations.
- Your lawyer might argue that there were errors or gaps in the chain of custody documentation to question the integrity of the evidence.
- If there is evidence that blood or urine samples were not collected, stored, or transported according to Title 17 guidelines, it can be used as a defense.
Title 17 violations weaken the prosecution's evidence against you in a DUI case. A successful challenge of improper procedures often results in the results being suppressed so they can't be used as evidence against you, possibly leading to a case dismissal.
For additional information, please contact our law firm, Cron, Israels & Stark, in Los Angeles, CA.
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