Understanding Breath Tests

When a police officer pulls you over and suspects you might be driving under the influence, they will typically ask you to take a chemical test to check your blood alcohol content (BAC). One of the most frequent methods is testing a sample of your breath. Law enforcement officials can utilize either a stationary device or a smaller, portable one for this task. Before they give you the test, the officer must provide you with a DL-26 form. This document, widely referred to as the “O’Connell warning,” acts as your implied consent statement. It is very important to understand that these testing devices are not perfect and have a history of problems. Nevertheless, if you agree to submit to the test and your blood alcohol content registers at 0.08 or higher, you will face DUI charges. Fortunately, technical issues and mistakes made by the people operating these devices can sometimes lead to a complete dismissal of drunk driving allegations.

Breath Tests in Pennsylvania and How They Operate

Let us take a closer look at exactly how these breath tests function within Pennsylvania. Generally speaking, law enforcement relies on two distinct categories of breath tests:

Portable or Preliminary Breath Tests (PBT)

Officers administer these tests right on the side of the road when they suspect a motorist of drunk driving. A New Castle criminal lawyer knows that the most commonly utilized portable devices include the BACmaster, the AlcoCheck, and the Intoxilyzer 500. The officer will ask the suspected driver to blow directly into this portable device. The police can then use the outcome as probable cause to justify further testing. While this portable breath test shows your results on a small LCD screen and does not print anything out, you actually have the legal right to refuse this roadside test. Furthermore, the results of a PBT are not admissible as evidence in a court of law.

Evidential or Stationary Breath Tests (EBT)

Stationary breath tests are completely different and involve much larger machines permanently located inside police stations. If you refuse to take this specific test, you will face severe civil and criminal penalties. According to PennDOT regulations, the administrator must collect multiple breath samples to ensure the results are reliable. The outcomes of these tests are printed out on paper and can be used as evidence against you in court. Machines officially approved for use in Pennsylvania include the Breathalyzer models, the DataMaster, and the Alco test. If you are facing charges based on these results, a New Castle DUI attorney can help you understand your legal options moving forward.

Common Errors in Breath Test Machines

Many people assume that the breath test machines relied upon to analyze blood alcohol content are perfectly accurate. However, various technical issues can and do result in false-positive readings. A seasoned New Castle criminal lawyer will often look for the following common problems frequently encountered with these devices:

• Software bugs or system glitches
• Environmental factors affecting the sensor
• Radiofrequency interference (RFI) or electromagnetic interference (EMI)
• An overestimation of BAC caused by an assumed blood-breath partition ratio
• Improper or lapsed maintenance
• The inclusion of non-ethyl alcohol substances skews the test results

Breath Test Operator Mistakes

Beyond the machines themselves, the accuracy of breath test devices relies heavily on the expertise and training of the test operators. Any errors or oversights made during the testing process may lead to a total dismissal of DUI cases, as the blood alcohol content cannot be considered valid evidence. You should familiarize yourself with the potential mistakes made by officials and police officers during these breath tests. A skilled New Castle DUI attorney will rigorously investigate if:

• The breath test was administered by a police officer who was not officially certified
• The test was conducted during your body’s peak alcohol absorption period
• There was a significant variation between the multiple BAC samples
• The officer failed to collect the breath samples within the legally required time frame
• The official neglected to conduct the mandatory observation period beforehand
• The breath test machine had inadequate or expired calibration

Challenging Breath Test Machines in DUI Cases

In DUI cases all across the Commonwealth of Pennsylvania, law enforcement typically utilizes three main machines to assess an individual’s breath for potential alcohol impairment: the Intoxilyzer 5000, the DataMaster, and the Intoxilyzer 8000. It is crucial for any legal professional handling Driving Under the Influence cases to possess a comprehensive understanding of each specific machine. Every brand and model operates differently and features unique programming. Defense teams must possess the ability to properly scrutinize law enforcement officers, state troopers, and other machine operators regarding their exact methods and qualifications to mount successful defenses for their clients.

When defending clients against DUI charges based heavily on breath tests, a dedicated New Castle criminal lawyer will carefully analyze two primary aspects. First, they will meticulously examine the calibration records of the breath test machine used. Important questions usually arise regarding the exact completion date of the calibration, the specific person responsible for performing its calibration, and their specialized training to fulfill that critical role. The absolute accuracy of the machine’s calibration is of the utmost importance.

Second, an integral consideration is the machine operators themselves. Are they currently licensed, or has their license actually expired? Have they consistently remained up-to-date with their ongoing training regarding machine usage and technological advancements? Did they conduct the test on the individual flawlessly? This aspect holds significant weight when attempting to build a solid defense. Operator error greatly increases the realistic chances of a case being dismissed.

Fortunately for DUI defendants, many breath test machines used in Pennsylvania have historically proven to be defective. In fact, a State Supreme Court ruling a few years ago rendered certain models essentially ineffective. Because of this, it is relatively feasible to have Blood Alcohol Concentration readings from the machine suppressed or dismissed entirely when you are subjected to a breath test. Nevertheless, it is much more common today for blood tests to be utilized instead of breath tests in Lawrence County and beyond.

Are you currently facing charges for Driving Under the Influence of alcohol? Have you taken a breath test and now desperately need an experienced New Castle criminal lawyer who understands breath test machines inside and out? Look no further. The Logue Law Group team is here to actively provide the deep expertise and extensive knowledge you need to aggressively fight your charges.

At Logue Law Group, we proudly serve New Castle, West Virginia, and Ohio. Take advantage of our free initial consultation by reaching out to us today at 412.387.6901. You can also contact us online.

Do not delay! Driving under the Influence charges come with incredibly serious consequences, and unreliable machines alongside improperly trained operators can easily jeopardize your personal freedom. The longer you wait to enlist professional legal representation, the tougher it becomes to successfully dismiss or reduce your charges. With Sean Logue and his New Castle DUI attorneys at Logue Law Group, you will have a dedicated team working tirelessly to get your life back on track. Call now and take the crucial first step!