DUI Breath Tests
California Code of Regulations Title 17 contains all rules and regulations pertaining to the administration, collection, storage and analysis of breath, urine and chemical blood tests as used in relation to Vehicle Code 23152(b) (driving under the influence with a blood alcohol level of .08% or higher).
The protocol established by Title 17 is very detailed and must be fully complied with by law enforcement officials. Failure to follow the protocol may result in an inaccurate BAC reading, leading to the arrest of innocent people. Because of this risk of error, establishing that Title 17 protocol was violated is a common defense against a California drunk driving charge.
Title 17 Breath Tests
According to Title 17, the following procedures must be followed when administering a breath test:
- The breath sample comes from ‘alveolar air’ (i.e., deep lung air)
- The person providing the sample is observed for a minimum of 15 minutes prior to the administration of the test
- During this waiting period the individual does not eat, drink, smoke, vomit, or regurgitate
- The breath testing instrument is calibrated every ten days or 150 uses, whichever occurs first
Common Errors in California Breath Tests
One common error that occurs during the administration of a breath test is that mouth alcohol contaminates the breath sample, leading to the registering of a false high BAC. In other words, the residual alcohol that lingers in your mouth is what is recorded, not the actual alcohol content in your breath. This is particularly common for those who suffer from such acid reflux types of medical conditions.
Another common ‘error’ in the administration of breath test relates to the failure to properly maintain and operate the breath testing instrument. Common defenses against a DUI charge include an improperly calibrated machine or that the operator was not properly trained.
Los Angeles DUI Defense Lawyers
Clearly, Title 17 provides numerous grounds to challenge your California DUI charge. To ensure you’re your case is properly defended, you should consult the services of an experienced LA DUI attorney.
The Law Offices of Jonathan I. Kelman specialize in defending LA DUI charges. If you or a loved one is facing a DUI charge, seek the support of an attorney practicing only in criminal defense. Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.