Facing a DUI charge in California can be overwhelming, but what many drivers don’t realize is that procedural errors by law enforcement could make a huge difference in the outcome of their case. One of the most powerful tools in a DUI defense strategy is Title 17 of the California Code of Regulations, a set of rules that governs how chemical DUI tests—like breath, blood, and urine—must be conducted.
If police or lab technicians failed to follow these specific procedures, it could result in suppressed evidence or even a dismissal of your DUI charges.
In this guide, we’ll break down what Title 17 is, how it applies to DUI cases, the most common violations, and how they can be used to challenge the prosecution’s evidence.
What Is Title 17?
Title 17 is a part of the California Code of Regulations that sets strict rules for how DUI chemical testing must be handled. It governs every aspect of how breath, blood, and urine tests are:
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Collected
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Preserved
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Administered
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Analyzed
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Reported
These procedures are designed to ensure that test results are scientifically accurate and legally reliable. If any part of this process is mishandled, the results can be challenged as unreliable or inadmissible in court.
Why Is Title 17 Important in DUI Cases?
DUI charges often hinge on blood alcohol concentration (BAC) results from a breathalyzer, blood test, or urine test. However, if the methods used to obtain these results don’t follow Title 17 rules, the evidence could be flawed.
A few examples:
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A contaminated breathalyzer machine could give a false high reading.
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An improperly trained officer might not follow correct procedures during the test.
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Expired testing equipment or improper calibration can distort results.
These technical errors can be the key to winning your case.
Common Title 17 Violations in DUI Arrests
Let’s look at some of the most frequent violations that DUI defense attorneys spot when reviewing police reports, lab records, and arrest procedures.
1. Improper Breathalyzer Calibration
Title 17 requires that breath testing devices be calibrated every 10 days or after 150 uses, whichever comes first. If there is no record of this or the machine was out of spec:
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The BAC reading could be thrown out.
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The results are no longer considered scientifically valid.
2. Lack of a Proper 15-Minute Observation Period
Before administering a breath test, officers are required to observe the suspect for at least 15 continuous minutes to ensure they do not:
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Vomit
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Burp
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Eat or drink
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Smoke
These actions can alter the breath alcohol level, causing inflated results. If the observation period was skipped or shortened, the breath test can be challenged.
3. Improper Sample Collection for Blood Tests
When drawing blood for DUI testing:
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A non-alcohol-based swab must be used to clean the skin.
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The blood sample must be properly sealed, labeled, and stored.
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The chain of custody must be documented to ensure the sample wasn’t contaminated or mixed up.
Violations of these rules can lead to the disqualification of the blood test evidence.
4. Failure to Maintain Testing Equipment
Title 17 mandates that all DUI testing devices, including breathalyzers and lab equipment, be:
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Routinely inspected
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Properly maintained
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Used by qualified personnel
Missing maintenance logs or documentation of staff training can raise serious questions about the reliability of the test results.
5. Improper Storage of Chemical Samples
Blood and urine samples must be stored:
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At proper temperatures
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In approved containers
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With the correct preservatives
Failure to follow these steps can result in fermentation or chemical breakdown, making the BAC readings inaccurate.
How Title 17 Violations Help Your DUI Defense
Now that you know the kinds of mistakes law enforcement and crime labs can make, here’s how they can work in your favor.
1. Motion to Suppress Evidence
If your attorney can show that Title 17 rules were not followed, they may file a “motion to suppress”. This legal motion asks the court to exclude any chemical test evidence obtained improperly.
Without valid BAC evidence, the prosecution’s case may fall apart.
2. Reduced Charges or Case Dismissal
Even if the charges aren’t dropped completely, Title 17 violations can result in:
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Plea bargains to lesser offenses (like reckless driving)
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Reduced fines or jail time
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Saving your driver’s license from suspension
3. Reasonable Doubt
In criminal cases, the burden is on the prosecution to prove guilt beyond a reasonable doubt. If your attorney raises serious questions about the accuracy or validity of the chemical test results, that might be enough to secure an acquittal.
Example: Breath Test Tossed Due to Title 17 Violation
Let’s say you were pulled over for weaving late at night. The officer suspected you were drunk, gave you a breath test, and arrested you after it showed 0.10% BAC. But after reviewing the records, your attorney finds:
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The officer only observed you for 6 minutes instead of 15.
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The breathalyzer hadn’t been calibrated in over 3 weeks.
Based on these Title 17 violations, your lawyer files a motion to suppress the breath test. The judge agrees, and the key evidence is thrown out. With no other strong evidence, the DUI charge is dismissed.
What to Do If You Suspect a Title 17 Violation
If you or someone you know was arrested for DUI in California, here’s what you should do:
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Request a copy of your arrest report and chemical test records.
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Consult a DUI attorney who understands Title 17 inside and out.
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Have your attorney:
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Review equipment maintenance logs
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Examine training certifications of the officers involved
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Investigate chain of custody and sample handling
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Act fast—you have a limited window to request a DMV hearing and fight your license suspension.
Final Thoughts:
Title 17 may sound like a technical legal rule, but it exists to protect your rights and ensure that DUI testing is conducted fairly and accurately. When law enforcement cuts corners, you shouldn’t have to pay the price.
By working with an experienced DUI attorney who knows how to spot Title 17 violations, you could turn a strong case against you into a dismissed or reduced charge.
Don’t leave your future to chance—contact Southwest Legal today for a free consultation and find out how we can fight for you.
Frequently Asked Questions (FAQ)
Q: Can a DUI be dismissed just because of a Title 17 violation?
A: Yes, if the violation seriously affects the reliability of chemical test results, it can lead to suppression of evidence, which may result in a full dismissal.
Q: Do I need a lawyer to use Title 17 in my defense?
A: While technically you can represent yourself, Title 17 is complex. A DUI attorney will know how to find violations and file the correct motions to benefit your case.
Q: Is a minor mistake in procedure enough to win my case?
A: Not always. The mistake must impact the validity or reliability of the test results. An experienced lawyer can assess how significant the violation is.
