More on Blood, Breath, and Urine Tests

When a motorist is pulled over for a suspected DUI (Operating a Vehicle Impaired), law enforcement will typically request that the individual perform specific tests. These evaluations are designed to gauge the driver’s level of intoxication. While Field Sobriety Tests are physical assessments mentioned in other sections of this site, officers also utilize chemical testing for the same objective. The three primary categories of chemical analysis are breath tests, blood tests, and urine tests.

Breath Tests

There are two distinct methods police utilize to test a driver’s breath for alcohol presence. The first involves a portable, handheld gadget—often referred to as a Breathalyzer—that an officer carries within their patrol unit. It is important to note that in the state of Pennsylvania, the results generated by these portable handheld devices are generally not admissible as evidence in court. However, they serve a critical purpose for law enforcement: they help establish probable cause, which can lead to the driver being arrested for DUI.

The second method for testing breath involves a larger, stationary machine located at a police precinct or a state trooper post. Unlike the portable units, the results from these stationary machines can be used as evidence against you during legal proceedings. When a driver is tested on one of these official machines, they are instructed to blow into the tube as hard and as long as they physically can.

These machines function by sending infrared waves through the breath sample. The device measures the energy that is not absorbed by the alcohol present in the sample. Essentially, the more infrared light the breath absorbs, the higher the registered Blood Alcohol Content (BAC). If you are facing charges based on these readings, consulting a Mercer criminal lawyer can help you understand the technical nuances of how this evidence is applied in your case.

Pennsylvania Legal Limits

In Pennsylvania, the legal limit for alcohol is 0.08 percent. If a breath test registers at this level or higher, the driver will be arrested for “DUI per se.” This legal term means that the BAC result itself serves as sufficient evidence that the individual was driving impaired, regardless of their actual driving behavior.

Furthermore, if a driver’s results register at 0.17 percent or higher, they face a more serious charge known as a “high test” DUI. This classification carries penalties that are significantly harsher than those for a standard, lower BAC level. Navigating these elevated penalties requires a strategic defense, often necessitating the assistance of a skilled Mercer DUI lawyer.

Accuracy Factors

It is crucial to remember that a positive result on a breath test—or any chemical test—does not automatically guarantee the test was accurate. Numerous variables can skew the outcome. These include:

• The elapsed time between the driver’s last drink and the test administration.
• Bodily functions such as vomiting or burping immediately prior to testing.
• Calibration or maintenance issues with the machine.

Strict procedures and protocols must be adhered to when these tests are administered. If the officer fails to follow these rules, the results may be deemed inaccurate. An experienced Mercer criminal lawyer at Logue Law Group will know exactly what procedural errors to look for and may be able to contest the validity of the results in court.

Urine and Blood Tests

While breath tests are common for alcohol, blood and urine tests are generally utilized to determine if a driver is under the influence of drugs, although they can also detect alcohol. Law enforcement typically resorts to these methods when a driver has refused a breath test. Similar to the breath test, you technically have the right to refuse these, but doing so often prompts the officer to obtain a search warrant to compel the sample. If a warrant is issued, the legal stakes rise, making it vital to speak with a Mercer DUI lawyer.

There are rigorous state protocols governing the administration of blood and urine tests to ensure chain of custody and accuracy. Some of these mandatory procedures include:

• Witness Requirement: Your blood or urine sample must be collected in the presence of a witness.
• Time Constraints: The sample must be procured within three hours of the alleged violation.
• Confirmation: Samples that test positive must undergo a second round of testing to confirm the initial results.
• Qualified Personnel: The analysis must be conducted according to Pennsylvania regulations by someone specifically trained and qualified under Pennsylvania law.

If any of these protocols are violated, the test results could be compromised, potentially showing a driver as intoxicated when they were not. In such instances, a Mercer criminal lawyer may be able to file a motion to have the results suppressed, thereby increasing the likelihood of getting charges reduced or dismissed.

Warnings and Advice From Law Enforcement in Regards to Chemical Tests

When police officers suspect a driver is under the influence, they will request submission to chemical testing. At the time of this request, officers are legally obligated to advise drivers of their rights both verbally and in writing. The specific document used for this is the Pennsylvania Bureau of Motor Vehicles Form 2255.

This form informs the driver that they are officially under arrest and that they have a two-hour window to submit to the requested chemical test(s). It explicitly states that failure to submit is considered a “refusal,” which results in an immediate suspension of the driver’s license. Additionally, the form advises the driver that they have the right to request their own independent test at their own expense. Understanding the implications of this form is complex, and a Mercer DUI lawyer can review whether it was presented to you correctly.

To ensure validity, a witness—usually another police officer—must certify on Form 2255 that the arresting officer read the advice to the driver. The form is then handed to the driver. This document serves as evidence that the driver was made aware of their rights and that law enforcement complied with the law.

Can I Refuse to Submit to a Test?

Drivers often feel that if they haven’t been drinking heavily or if the stop was unjustified, they should refuse the test. However, from a legal perspective, it is generally advisable to submit to the requested tests. Refusing often creates more administrative and legal headaches than a positive result would. If you are unsure about the long-term consequences of a refusal, a Mercer criminal lawyer can provide clarity on how this impacts your driving privileges.

If you do submit and find yourself with a positive result from a blood, breath, or urine test, do not panic. These results are not the final verdict.The Logue Law Group has extensive experience navigating DUI laws and procedures in Mercer County and throughout Pennsylvania. If you need a Mercer DUI lawyer who knows how to challenge chemical test evidence, contact us today at 412.389.0805.