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Another DUI ?Right Without a Remedy?

By Lawrence Taylor

When the police administer a breathalyzer, the suspect's breath sample is analyzed — and then destroyed by purging it into the air. Although it is easy and inexpensive to save the sample so that it could later be independently analyzed by the defense, the U.S. Supreme Court in California v. Trombettaruled that there is no right to this. (See "Why Do Police Destroy the Evidence in DUI Cases?".) Recognizing that an accused should have some minimal rights even in a DUI case, many states have enacted laws requiring the police to advise the suspect that he has the right to have an independent blood sample drawn so that it may be later analyzed and compared to the breath test results. California's Vehicle Code Section 23614 is an example: (a) …...continue to full post

Full post as published by DUI Blog on June 05, 2010 (boomark / email).