Title 17 of the California Code of Regulations outlines the rules and procedures governing chemical tests for driving under the influence (DUI) cases in the state. These regulations are designed to ensure the accuracy, reliability, and fairness of chemical testing processes used to determine a driver’s blood alcohol concentration (BAC).
These rules establish strict guidelines for the collection, handling, analysis, and reporting of blood, breath, and urine samples taken for DUI testing purposes. If law enforcement officers did not follow all the Title 17 rules when administering your DUI test, the results may not be accurate, and you could get them suppressed.
If you discover any Title 17 violations by law enforcement (whether intentional or unintentional), you can build a very strong defense against your DUI charge. A Los Angeles DUI lawyer will help you build an evidence-based strategy 
and protect your future. Call the Los Angeles DUI Attorney for a free consultation.
What Is Title 17 of the California Code of Regulations?
If you are arrested for DUI, you are likely to be subjected to either a DUI breath test, blood test, or urine test. These tests are used to determine your BAC or the presence of drugs in your system. Often, the test results are the biggest piece of evidence against you, especially if they show a BAC of .08% or higher.
However, there are rules for these tests, which are contained in a section of the law known as Title 17 of the California Code of Regulations. These “Title 17” rules address exactly how the tests are to be carried out.
The code is designed to protect your rights so that you aren’t convicted based on inaccurate test results. If law enforcement fails to follow any of the rules, your test results may not be reliable evidence.
What Are the Title 17 Rules for DUI Breath Tests?
Breath tests are used exclusively when you are accused of a DUI involving alcohol, never for drugs. This type of test is specifically designed to measure the concentration of alcohol in a person’s breath, providing an estimation of their blood alcohol concentration (BAC).
Officers must observe the following Title 17 procedures for breath tests:
- They have to observe you for at least 15 minutes before the test to make sure you don’t eat, drink, smoke, or show signs of vomiting.
- The breath has to come from deep in the lungs (“alveolar air“), not from the mouth.
- The breath test device has to be calibrated every 10 days or every 150 times it is used (whichever is more often).
- The person administering the test (the “operator”) has to have been properly trained on how to use this specific breath test device.
Note that these rules apply to a DUI breath test given after your arrest. In some DUI cases, you may have been asked to give a voluntary breath sample on the roadside using a portable “breathalyzer.” Officers might not always follow Title 17 rules for these roadside tests.
What Are the Title 17 Rules for DUI Blood Tests?
Blood tests are used for both alcohol-related and drug-related DUI cases. These offer a comprehensive analysis of substances present in the bloodstream, making them suitable for detecting a wide range of intoxicating substances, including alcohol, prescription medications, and illicit drugs.
Officers must observe the following Title 17 procedures for blood tests:
- Only a trained, authorized technician can perform the test (the “blood draw”).
- The vial that the blood will be placed in must contain specific amounts of both anticoagulants (to prevent clotting) and preservatives (to present spoilage). Without these substances, blood can clot or ferment, which could lead to a false high reading of BAC or change the chemical composition of the sample.
- The preservative and anticoagulant in the vial must not be expired.
- The technician cannot use an alcohol-based substance to clean or “swab” the skin before the blood draw.
- After the draw, they must make sure the blood is properly mixed with the anticoagulant and preservative.
- The blood sample must be properly stored at all times.
- The blood sample must be kept for at least one year so that it can be re-tested by an independent laboratory later if needed.
Blood tests are often considered more reliable than breath or urine tests. However, they can still give wildly inaccurate results if the procedures aren’t followed.
What Are the Title 17 Rules for DUI Urine Tests?
Urine tests are used primarily to test for drugs in the system, not alcohol. While urine tests may not provide real-time measurements of intoxication levels like breath or blood tests do for alcohol, they serve as an effective tool for identifying recent drug use.
Officers must observe the following Title 17 procedures for urine tests:
- The person giving the urine sample must first “void” their bladder (urinate) prior to the testing.
- Officers must then wait at least 20 minutes.
- Then, the subject must urinate a second time, and this second one is collected and used as the test sample.
- The urine sample must be properly stored at all times.
- The urine sample must be kept for at least 1 year so that it can be re-tested by an independent laboratory later if needed.
Urine tests are the least reliable of all chemical test methods and are mostly used only if a breath or blood test is not available. While urine tests can provide valuable information about recent drug use, their reliability in assessing impairment levels at the time of driving is limited.
Other Title 17 Rules That Could Impact Your DUI Case
Title 17 of the California Code of Regulations, rules of DUI chemical tests, is a long, very detailed section of the code of regulations. In addition to the rules above, it sets down procedures for every detail of the testing and sample storage processes.
For example, the margin of error that a lab must fall within is mandated by the law. Your DUI lawyer will review all the procedures used in your case, including the history of the lab or testing device in question, and check for any irregularities.
DUI lawyers can and do call lab technicians as witnesses at DUI trials to establish exactly what went wrong with a specific sample. They can also subpoena the data for your breath test machine, looking at how it performed over thousands of tests to see if it provides accurate results. If there was a Title 17 violation, an experienced lawyer will find it.
What Happens if There Was a Title 17 Violation in My DUI Test?
If there was a violation of Title 17 of the California Code of Regulations, you don’t have to prove that your test result is definitely wrong. The very existence of the violation indicates that it could be wrong and that it’s not very good evidence.
This can dramatically change your case:
- The prosecutor may worry that they cannot convict you and offer you a plea bargain.
- The jury might decide the case against you isn’t strong enough and find you not guilty.
- The charges against you could be dropped altogether with no trial.
One small irregularity in the testing procedures could mean you win your case.
What Should I Do if There Was a Title 17 Violation in My DUI Test?
If you suspect that there was a Title 17 violation in your DUI test, take prompt action to protect your rights and interests. First and foremost, consult an experienced DUI defense attorney who can review the details of your case and advise you on the best course of action.
Your attorney can assess whether the violation of Title 17 of the California Code of Regulations and the rules of DUI chemical tests occurred. You may also recommend challenging the admissibility of the test results in court or filing a motion to suppress evidence obtained through the violation.
Additionally, a Los Angeles DUI lawyer can advocate on your behalf to protect your rights throughout the legal process. Your attorney will work towards achieving the best possible outcome for your case.
Los Angeles DUI Attorney Can Determine How the Rules for DUI Chemical Tests Impact Your Case
By taking proactive steps and seeking guidance from a knowledgeable legal professional, you can effectively address the violation of Title 17 of the California Code of Regulations, rules of DUI chemical tests, and work towards a favorable resolution of your case.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call and get your free consultation today. Contact us today to review your options.
