DUI Breath Tests in Mercer

The attorneys at the Logue Law Group understand that being pulled over for an DUI (Operating a Vehicle Impaired) is a stressful experience. If you consented to a chemical breath test during your traffic stop and the results indicated a blood alcohol concentration (BAC) of .08 percent or higher, the prosecution will undoubtedly use that specific data point as the primary evidence against you in court. Under the law, it is irrelevant if you felt sober or if your driving appeared unimpaired to a casual observer. The law establishes a “per se” violation, meaning the act of driving with a BAC at or above .08 percent is a crime in itself. Consequently, the county or municipal prosecutor will pursue a conviction based solely on that number, regardless of your actual physical coordination. Furthermore, the Bureau of Motor Vehicles is authorized to administratively suspend your license (ALS) immediately if your chemical test results exceed the legal limit.

Pennsylvania state law is very clear regarding these limits: motorists are strictly prohibited from operating a vehicle if their blood alcohol concentration registers at 0.08 percent or higher. The statutes also outline significantly enhanced penalties for drivers who are convicted with a BAC of 0.17 percent or higher. This strict liability means that no matter how well you can walk, speak, or navigate the roads after consuming alcohol, you are breaking the law if your BAC hits that .08 threshold. Because the penalties can be severe and the laws are complex, consulting with a knowledgeable Mercer DUI lawyer is essential to understanding the specific charges you are facing and how the “per se” laws apply to your unique case.

However, there are situations where the alcohol you consumed impairs your ability to drive even if a test wasn’t administered or the results were different. In these instances, you can be charged with DUI—operating a vehicle impaired—based on the officer’s observations of your behavior. This is a separate and distinct charge from the “per se” violation based on the chemical number. Additionally, due to implied consent laws, refusing to take a breath test when asked can automatically result in an DUI charge, as the law assumes you would have consented if you were not impaired. To navigate these behavioral charges versus chemical charges, it is highly recommended that you seek the counsel of a skilled Mercer criminal lawyer who can help you build a defense against subjective police observations.

When law enforcement officers initiate a traffic stop and suspect impairment, they will typically request a breath sample. The Pennsylvania Department of Health has approved three specific machines for evidentiary use in these scenarios: the BAC Datamaster, the Intoxilyzer 5000, and the Intoxilyzer 8000. Officers also frequently carry portable testing devices in their patrol vehicles, known as PBTs (Portable Breath Tests). These handheld units are convenient for roadside use, but there is a silver lining for drivers: the results from these portable handheld machines generally cannot be used as evidence against you in a trial. However, a prosecutor may attempt to use PBT results during preliminary hearings to establish that the officer had probable cause to arrest you. Your Mercer DUI lawyer will be able to distinguish between the admissible evidence from the station machines and the inadmissible data from roadside PBTs.

The legal system categorizes these offenses into tiers. There is a standard “per se” DUI variation for BAC levels falling between .08 percent and .169 percent. There is a more severe tier for BAC levels of .17 percent and above. This upper tier is frequently referred to as a “high test” DUI, and the formal charge is known as a “per se high test” DUI. It is crucial to understand that each of these tiers carries its own set of mandatory penalties, with the high test charges resulting in harsher punishments. Understanding which tier you fall into is a critical part of your defense strategy, and a Mercer criminal lawyer can provide the necessary guidance on how these mandatory penalties might impact your future.

How Mercer Breath Test Machines Function

When a driver suspected of impairment submits to a formal breath test, they are instructed to blow into one of the state-approved machines. Inside the device, there is a specialized chamber designed to collect the breath sample. The machine then shines an infrared light through the chamber. At the opposite end, a sensor measures the alcohol molecules present. This process works because alcohol absorbs infrared radiation at a specific, scientifically predictable rate known to the manufacturers. The sensor quantifies how much infrared radiation was absorbed by the sample and performs a calculation to display the blood alcohol content.

Breath Test Rules, Regulations, and Laws

The laws governing these tests are codified in the Pennsylvania Revised Code Section 4511.19(D)(1). This section provides a comprehensive framework of statutes, rules, and regulations that law enforcement must follow regarding breath tests. It also dictates what breath test evidence is admissible in court. One of the most critical stipulations is the “three-hour rule,” which states that for a breath test result to be valid evidence, the test must be administered within three hours of the alleged violation (the traffic stop). If the test occurs outside this window, a Mercer DUI lawyer can argue that the evidence should be inadmissible.

Furthermore, the Pennsylvania Department of Health is responsible for monitoring the maintenance, regular inspection, and calibration of these breath test machines. They also issue the necessary permits to the individuals authorized to operate the machines and maintain the records. While the law permits Mercer criminal lawyers to challenge the accuracy of a specific client’s test result—perhaps due to operator error or lack of calibration—it generally does not allow challenges to the general validity or reliability of the machine technology itself.A failed breath test does not necessarily mean a guaranteed conviction. There are many potential defenses available depending on the circumstances of your stop and the administration of the test. The Logue Law Group, led by Sean Logue, possesses extensive experience and deep knowledge regarding DUI defense strategies. If you are facing charges, do not hesitate to reach out for assistance. Contact us at 412.389.0805 to speak with a dedicated Mercer criminal lawyer who can fight for your rights.