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14. Failure To Follow State Health Department Procedures When Giving A Breath Test

Challenge Field Sobriety Tests | Lawyers for DUI | Criminal Defense Los Angeles 

Failure To Follow State Health Department Procedures When Giving A Breath Test

California has a law which dictates the procedures that the arresting officer needs to follow when giving a breath test.  In some cases, the arresting officer fails to observe the DUI suspect for the required 15 minute observation period before the test is given.  In other cases, the arresting officer fails to have the DUI suspect remove objects from the suspect’s mouth such as food, chewing gum, or mouth piercing.  Two breath samples are also required.  Failure to follow these procedures can result in the test being excluded from evidence or used as evidence that results are suspect and should not be followed.

 


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