Introduction of the 3rd digit of Chemical Tests Results in DUI Prosecution in Los Angeles (and elsewhere)
Often the chemical test blood alcohol level results in the police reports are reported to the third digit (e.g. instead of reporting the results to be 0.08%, it is reported as 0.089%). This can be important for defending Los Angeles DUI because of the human tendency to round off the results to the next closest round digit. That means that when the third digit is more than .05, the jurors, upon hearing it, will have a more difficult time accepting a lower number than they would, had the results been less than .05. It, therefore, often does not benefit the defendants to have the 3rd digit of the breath test results to be used in a criminal prosecution such as a DUI trial in Los Angeles.
CHANGE IN LAW
In the past, Tile 17 Section 1220.4(b) of the CCR used to say:
“analytical results shall be reported to the second decimal place, deleting the digit in the third decimal place when it is present.”
This was helpful because according to Title 17, a 3rd digit could be excluded from Los Angeles DUI trials.
However, the current version of the 17 CCR Section 1220.4(b) reads:
“analytical results shall be reported to the second or third decimal place. When reporting to the second decimal place, the digit in the third decimal place shall be deleted.”
Thus the law became worse for DUI defense because a third digit can now be used.
Also, the case law supports using the 3rd digit.
In People v. Wood (207 Cal.App.3d Supp 11(1989)), an appeals decision from Ventura County permitted the introduction of 3rd digit based on the “Right to Truth-in-Evidence” provision of Proposition 8 which “requires admission of all relevant evidence”.
Thus the citable authority from the California Appellate Court and the statutory provisions both allow the use of 3rd digit.
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