§ 100775 Breath Test Ampoule Destruction

• •Police can destroy the breath‑test ampoule and its contents after one year.
• •The one‑year clock starts on the date the breath sample was collected.
• •Only the law‑enforcement agency that has the ampoule can do the destroying.

A driver is stopped for suspected drunk driving, and the officer puts a breath sample into a small tube (ampoule). The officer keeps the tube for the case, and after 12 months the department can safely discard it.

Because the law says the agency can destroy the ampoule one year after the sample was collected, the police can get rid of it after that time without breaking any rules.