Title 17 Defenses
Title 17 is the shorthand name for a set of California regulations
governing forensic alcohol analysis and breath alcohol analysis.
The most common Title 17 defense is the officer’s failure
to conduct a 15 minute observation period prior to administering
a breath test. Without such a period, the prosecution will be unable
to rule out mouth alcohol contamination and the breath test is scientifically
unreliable.
DUI Defense #5
→ Officer is unfamiliar with Title 17 despite sworn statement.
DUI Defense #6
→ Officer failed to conduct 15 minute observation period.
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