DUI Breath Tests in Pittsburgh

If you’ve been stopped for a suspected DUI and a breath test showed your blood alcohol concentration (BAC) at or above 0.08%, the prosecutor will use this reading against you. An experienced Pittsburgh DUI lawyer from the Logue Law Group understands how these situations unfold. The law is clear: driving with a BAC of 0.08% or higher is illegal, regardless of whether you feel impaired. The Allegheny county or city attorney will likely prosecute based on this number alone. Additionally, the Bureau of Motor Vehicles will use your BAC reading to initiate an administrative license suspension (ALS) if you are over the legal limit.

Understanding Pennsylvania’s DUI Laws

In Pennsylvania, it’s illegal for a person to operate a vehicle if their blood alcohol concentration is 0.08% or higher. The law also outlines more severe penalties for individuals convicted with a BAC exceeding 0.17%. Your personal tolerance or how well you can handle your alcohol doesn’t matter in the eyes of the law; if your BAC meets or exceeds the 0.08% threshold, you are breaking the law.

You can also be charged with an DUI, which stands for operating a vehicle impaired, if the alcohol you’ve consumed makes you unable to drive safely. This is a different type of DUI charge compared to the “per se” violation mentioned earlier. If you refuse a breath test, you will automatically face an DUI charge. The assumption is that if you were not impaired, you would have consented to the test. A Pittsburgh criminal lawyer can help you navigate the complexities of these charges.

The Breath Test Process

When police pull you over and suspect you are impaired, they will typically request that you take a breath test. The Pennsylvania Department of Health has approved three specific machines for this purpose:

• The BAC Datamaster
• The Intoxilyzer 5000
• The Intoxilyzer 8000

Officers often have portable breathalyzer devices, known as PBTs, in their vehicles. These handheld units are approved for use at the roadside. Fortunately for drivers, the results from these portable machines are generally not admissible as direct evidence of guilt in court. However, a prosecutor may attempt to use the PBT result during an initial hearing to show the officer had probable cause for the arrest.

The “per se” DUI violation is categorized based on BAC levels. A reading from 0.08% to 0.17% has its own set of penalties, while a BAC of 0.17% or higher is known as a “high test” or “high tier” DUI. This more serious charge, called a “per se high test” DUI, comes with mandatory penalties.

How Pittsburgh’s Breath Test Machines Work

When a driver suspected of DUI agrees to a breath test, they are instructed to blow into a machine. This device contains a chamber that collects the breath sample. An infrared light is then shone through this chamber. At the other end, a sensor measures the amount of infrared radiation absorbed by alcohol molecules. Since alcohol absorbs this radiation at a predictable rate known to scientists and the machine’s manufacturers, the sensor can calculate the blood alcohol content from your breath.

Rules and Regulations for Breath Tests

A key requirement is that the breath test must be conducted within three hours of the initial police stop. If this time frame is exceeded, the evidence may be deemed inadmissible. The Pennsylvania Department of Health is responsible for overseeing the maintenance, inspection, and calibration of all breath test machines. They also issue permits to the individuals who operate these devices and maintain the records. Pennsylvania law permits a Pittsburgh DUI lawyer to challenge the accuracy of an individual’s test results, but not the general reliability of the approved machines themselves.

Failing a breath test doesn’t automatically mean a conviction. A knowledgeable Pittsburgh criminal lawyer from the Logue Law Group has extensive experience in DUI defense. If you find yourself in this situation, Free Consultation at our group by calling 412-387-6901.