When 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 |
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| Breath Test Requirements |
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| Urine Test Requirements |
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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.
