DUI DEFENSES: Did Police Follow Proper Testing Procedure?

LOS ANGELES DUI DEFENSE ATTORNEY

Most California DUI cases rely on chemical tests of a drivers breath, blood or (less commonly) urine.  The proper procedure for getting samples and performing laboratory tests on those samples are controlled by California Code of Regulations Title 17.

Title 17 provides a detailed set of rules for conducting chemical tests.  One of the more common applications of this law in blood test cases concerns itself with the storage and preservation of the blood sample.  When the government takes a blood sample from a suspected impaired driver, it must retain an additional portion of blood and properly preserve the blood sample so as to make retesting possible. 

Your California DUI attorney can get a sample by requesting a "Blood-Split" order from the court.  Once the "Blood-Split" is ordered, a sample must be turned over by the law enforcement agency to an independent laboratory chosen by the defense.  The sample is not only retested for alcohol or drugs, but this process also verifies whether a blood sample was retained and whether such sample was properly preserved, using the preservatives proscribed in Title 17.  If the lab technician failed to properly preserve a blood sample, your California DUI lawyer can call into question the analyst's ability to properly test the blood, too.  After all, if the person performing the blood test is unable to follow other instructions laid out in Title 17, how can the results of his or her tests be trusted?

Moreover, your attorney can have this blood sample can be tested to investigate other defenses.  For example, if a diabetic driver experienced diabetic shock or a diabetic seizure while driving and is involved in an accident, blood sugar levels could help the defense establish that it was the driver's medical condition, rather than intoxication, that actually caused the traffic collision. 

In breath tests, no sample is stored.  Still, Title 17 provides procedures which police must follow in administering breath tests.  The most common example of this is the 15 minute observation period.  Prior to having a suspect perform a breath test, a police officer must continuously monitor the suspect for 15 minutes.  This officer looks to ensure that the suspect does not burp, vomit, eat, drink, or smoke, all of which can affect breath test results.

Additionally, Title 17 outlines how and how frequently breath, blood and urine testing devices must be calibrated to ensure their accuracy.  Your DUI attorney will inspect the calibration logs for the testing device to ensure that the agency has complied with Title 17 regulations.

If you are facing DUI charges in Southern California, contact our office for a free consultation.  See how a Los Angeles DUI lawyer can use their knowledge of proper testing procedures to help your case.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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