In People v. Hitch (1974) 12 Cal.3d 641, the Supreme Court held that an investigative agency involved in administration of a chemical test of a driver's breath for alcoholic intoxication has a duty to preserve and disclose specimens taken in administering the test. The prosecution bears the burden of demonstrating that the governmental agency had established, enforced and attempted in good faith to adhere to rigorous and systematic procedures designed to preserve the specimens. If the prosecution fails to meet this burden, the results of the test must be excluded from evidence but due process does not require dismissal of the action. (Id., at pp. 652-653.) The court noted, however, that bad faith destruction of the evidence raises an inference that the evidence could demonstrate innocence rather than merely serve to impeach the test results. "In such an instance dismissal may well be the proper sanction." (Id., at p. 653, fn. 7.)