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One Easy Way To Get Out of a DUI Charge in California – Title 17

implied consent educational lecture by DUI lawyer Jon ArtzWhen a driver is pulled over in California on suspicion of driving under the influence, certain regulations of law must be followed by the arresting officers during arrests. As a driver, even one pulled over for suspicion of breaking the law, you still have rights and they must be protected.

These regulations are put into place to guarantee that these rights are protected. If these regulations are not followed, it qualifies as a failure to protect the rights of the driver and by the officer in question. Having an understanding of this one very important regulation in California can help you fight your DUI charges.

What is California’s Title 17?

California’s Title 17 is part of the California code of regulations that stipulates how the government, and police officers by extension, must conduct:

  • DUI blood tests
  • DUI breath tests
  • DUI urine tests

What Must Officers Do to Comply With Title 17?

In order for officers to comply, the following requirements must be met for each type of test:

Blood Test Requirements
  1. An authorized technician needs to draw blood
  2. The draw site cannot be sterilized with an alcohol-based cleaning agent
  3. The blood sample must contain a sufficient amount of anticoagulant and preservatives in the vial in order to protect against false high readings
  4. The preservative or anticoagulant used must not be expired
  5. The anticoagulant or preservative used must be sufficiently mixed with the blood sample
  6. The sample must be stored properly
Breath Test Requirements
  1. The breath sample must come from deep lung air
  2. The individual must be observed for at least 15 minutes prior to providing the breath sample
  3. During the observation time the individual cannot eat, drink, vomit, regurgitate, or smoke
  4. The testing instrument must be calibrated every 150 uses or 10 days, which ever takes place first
Urine Test Requirements
  1. The individual must first void their bladder after which they can provide a urine sample at a minimum 20 minutes later
  2. Urine samples must be retained for at least one year so that it can be re-tested at later dates and must be stored properly

Title 17 has safeguards for each type of test in order to try to guarantee that the tests are accurate. If precautions are not followed it can cause a falsely registered high BAC.

What if Officers Do Not Comply?

If the officers do not comply with title 17, the test results may not be admissible into evidence on grounds of “foundation” as to accuracy. In the event that this happens, it means the prosecution will not be able to use any of the test results as evidence against you. Violations of title 17 can result in:

  • An acquittal
  • Successful plea bargain
  • Lesser charges
  • Outright dismissals

What to Do If You Have Been Arrested for DUI in California

If you have been arrested for a DUI in California, it is essential that you contact a DUI attorney immediately. If chemical tests are used as evidence against you, an experienced Los Angeles DUI Defense Attorney can investigate the possibility of any Title 17 violations to discredit the results.

Our experienced professionals can also offer additional services in order to help you fight your DUI charges. With over 40 years of experience fighting DUI cases, and 90% of his cases reaching a “Not Guilty” Verdict, Jon Bryant Artz is well equipped to help you. Give us a call today for a free case evaluation and get started working towards your freedom.

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