15-Minute Waiting Period Before Chemical Testing
Reliable DUI Defense from a Team of Bakersfield DUI Lawyers
Did you know that police officers are required to wait and observe you
for 15 minutes before making you undergo any form of chemical testing
after you have been arrested for suspicion of driving under the influence (DUI)? If you answered “no”, you are certainly not alone. This
is by no means a well-known rule. If an officer fails to obey this 15
minute waiting requirement, the validity of everything else regarding
your DUI arrest could be called into question.
Do you believe you were not given a 15-minute waiting period before you
had to take a chemical test? You might have grounds to challenge your
charges outright with our help.
Contact the Bakersfield DUI attorneys at Campbell Whitten today to learn what we can do for you in this difficult time.
Why the 15-Minute Waiting Period is So Important
Breathalyzers “determine” a blood alcohol content (BAC) level
readout from sample sizes that can be as small and insignificant as a
millionth of an ounce. Due to the sensitivity of these devices, simple and seemingly-innocuous
behaviors can actually skew the results and cause them to report a BAC
far higher than reality.
Minor actions that could cause major interference with a chemical test include:
- Drinking any liquid – alcoholic or not
By waiting 15 minutes and carefully observing you the whole time, the arresting
officer is supposed to verify that you did not do anything that could
have inadvertently tampered with the results. They also want to make certain that no
mouth alcohol – remnants of the beverage you drank still swishing around your
tongue and between your teeth – contaminates the breathalyzer. If
they check-off on their arrest report that they
did watch you uninterrupted for 15 minutes when they really did not, the test
could be deemed unreliable and the officer's honesty can be called
What is a Preliminary Alcohol Screening Test?
When the highway patrol officer requests that you blow into a small, handheld
before you are formally placed under arrest, they are actually trying to get you
to take a preliminary alcohol-screening (PAS) test. These little devices
are notorious for being inaccurate; therefore, they are not considered
an actual “chemical test” but act as a different form of field
sobriety test (FST). Like all field sobriety tests, the PAS test is an
optional test (unless you are under 21 or on DUI probation). Thus, the
PAS test should be refused under all circumstances. If the arresting officer
did not inform you of your right to refuse to take the PAS test or treated
it like it was a mandatory chemical test, it could indicate a serious,
This brings up an interesting point – one that our firm knows how
to use to your advantage. Implied consent laws in California allow the
Department of Motor Vehicles (DMV) to immediately suspend your license
if you refuse to take any chemical tests
after being arrested for DUI. The DMV will not be able to suspend your license
for a refusal however, unless it can be proven that the officer correctly
advised you of certain consequences you would suffer if you refused the test.
Come Out Swinging With Our Team in Your Corner
When we say that you need to fight for your rights after you have been
arrested for a DUI in California, we mean it. The aggressive tactics and
creative team approach that our Bakersfield DUI attorneys utilize can
build a powerful, effective case that upholds your rights and treats you fairly.
People have come to rely on us for their DUI cases because we:
- Approach each case together – you are retaining an entire team of attorneys
- Have handled thousands of DUI and criminal defense cases
- Use creative, cutting edge, and unique strategies for every case we take on
The fight for your freedom can start today – contact our firm