Being arrested on a DUI charge can lead you to believe that pleading guilty is your only viable option. However, a proficient Southern California DUI attorney would assure you that there are multiple factual and legal defenses against a DUI charge, which are contingent on your specific circumstances. Given the severe repercussions of a DUI conviction, it is crucial to exhaust all potential strategies towards getting your charge dismissed or reduced.
A potential defense against a DUI charge is that there could be errors in the administration, storage, or analysis of the chemical blood, breath, or urine test by the police. If the laws governing these samples are not adhered to stringently, your blood alcohol content (BAC) could show a falsely elevated level. If this can be proven, it could result in your charges being dismissed or reduced. Contact Simmons Wagner, LLP at (949) 439-5857 now for a free legal consultation.
Understanding the Law Pertaining to Chemical Tests
Title 17 of the California Code of Regulations outlines the procedures that law enforcement must follow when handling chemical blood, breath, and urine samples in DUI cases. Any violation of these procedures can potentially compromise the accuracy of the test results.
Mistakes can occur during chemical blood draws in several ways. These might include having an unauthorized technician draw the blood, having insufficient or expired anticoagulants or preservatives in the vial to prevent fermentation, using an alcohol swab to clean the skin before drawing the blood, not properly mixing the blood sample, or failing to properly store the sample.
If any of these violations—or any other violation of Title 17—occurred, the results of the blood test might be adversely affected. A knowledgeable Southern California DUI attorney can often challenge the results of a poorly conducted blood test, which could lead to the charges being reduced or dismissed.
Breath tests, on the other hand, have different types of potential violations. Title 17 mandates that the breath sample for a chemical breath test should come from deep lung air, that the person providing the sample is observed for 15 minutes prior to giving the sample, and that the person doesn’t eat, drink, smoke, vomit, or regurgitate during those 15 minutes.
It also requires that the testing instrument is calibrated every 10 days or every 150 uses, whichever comes first. These regulations ensure that the chemical breath test is as accurate as possible. For instance, the requirement for using deep lung air is meant to prevent mouth alcohol from being measured, which is not an accurate measure of a person’s BAC.
The testing instrument also has to be properly maintained and calibrated to prevent inaccurate readings. If these procedures aren’t properly adhered to, your Southern California DUI attorney might be able to challenge the results of your chemical breath tests.
In California, some individuals arrested for DUI might have the option to provide a sample for a chemical urine test. This is typically when neither blood nor breath tests are available, or when there is suspicion of driving under the influence of drugs and/or alcohol. Title 17 requires the individual to empty their bladder and provide a sample at least 20 minutes later. If the sample is taken less than 20 minutes after the bladder is emptied, the results may be inaccurate, and your attorney could potentially use this fact as a defense to your DUI charge.
Lastly, Title 17 mandates that blood and urine samples be stored for a period of one year. This allows you the opportunity to have your sample re-tested at an independent laboratory. If the independent testing yields different results, you could argue that the police’s results are inaccurate and unreliable.
Given the complexities surrounding DUI laws and the science involved, it’s imperative to have an experienced Southern California DUI attorney on your side. At our law firm, we are well-versed in all aspects of DUI litigation, right from the initial arrest to negotiation and, if necessary, taking the case to trial. We offer complimentary consultations – just call Simmons Wagner, LLP at (949) 439-5857 to get started.