More on Blood, Breath, and Urine Tests

When a driver is pulled over for a suspected DUI, police officers may ask them to undergo tests to measure their level of intoxication. In addition to the Field Sobriety Tests discussed on other parts of our site, chemical tests are also used for this purpose. These primary chemical tests include blood, breath, and urine analysis.

Breath Tests

Police can test a driver’s breath in two main ways. The first method involves a portable, handheld device, often called a Breathalyzer, which the officer carries in their vehicle. Although the results from these handheld units are not admissible as evidence in Pennsylvania courts, they can provide the officer with probable cause to arrest the driver for DUI. A Pittsburgh criminal lawyer can explain the nuances of how this evidence is used.

The second method for breath testing uses a larger, stationary machine located at a police station or state trooper barracks. The readings from these more sophisticated machines can be used as evidence against you in court. When a driver is tested with one of these devices, they are instructed to blow into it for as long and as hard as they can. The machine analyzes the breath sample by passing infrared waves through it. It then measures the amount of energy that is not absorbed by the alcohol in the breath sample. The more infrared light absorbed by the alcohol in the driver’s breath, the higher the machine calculates their Blood Alcohol Content (BAC).

Pennsylvania’s Legal Alcohol Limits

In Pennsylvania, the legal limit for Blood Alcohol Content (BAC) is 0.08 percent. If a driver’s breath test result is at or above this level, they will be charged with DUI per se. This charge means the BAC level itself is considered direct evidence that the driver was operating a vehicle while intoxicated. If the driver’s BAC measures 0.17 percent or higher, they face a more serious “high test” DUI charge. This charge carries significantly harsher penalties compared to a DUI with a lower BAC level. A Pittsburgh DUI lawyer can help you navigate the complexities of these charges.

It’s important to remember that a positive result on any chemical test does not automatically mean the test was accurate. Various factors can influence the outcome, including the time elapsed between the person’s last drink and the test, or if they vomited or burped just before providing the sample. These tests must be administered following strict procedures and protocols. If the person conducting the test fails to follow these rules, the results could be inaccurate. An experienced Pittsburgh criminal lawyer will know what potential errors to look for and may be able to challenge the test results in court.

Urine and Blood Tests

Urine and blood tests are typically administered to check if a driver is under the influence of drugs, although they can also detect alcohol. These tests are often used when a driver has refused to take a breath test. Similar to a breath test, you have the right to refuse a urine or blood test. However, if you refuse, the officer can obtain a search warrant to compel you to provide a sample.

Specific procedures and protocols govern how blood and urine tests must be conducted. Some of these critical requirements include:

• Your blood or urine sample must be collected in the presence of a witness.
• The sample must be obtained within three hours of the alleged DUI offense.
• If a sample tests positive, it must be re-tested a second time to confirm the initial result.
• The analysis must be performed according to Pennsylvania regulations by a qualified and properly trained individual as defined by Pennsylvania law.

If any of these procedures are not followed correctly, the test results can be compromised, potentially showing a driver as intoxicated when they were not. Your Pittsburgh criminal lawyer may be able to have these flawed results thrown out, which increases your chances of having the charges reduced or dismissed.

Police Warnings and Advice Regarding Chemical Tests

When police officers request that a driver submit to chemical testing because they suspect the driver is intoxicated, they are required to inform the driver of their rights, both verbally and in writing. The written notice is the Pennsylvania Bureau of Motor Vehicles Form 2255. This form states that the driver is under arrest and has two hours to submit to one or more chemical tests. A failure to comply is treated as a refusal, which leads to an immediate suspension of the driver’s license. The form also informs the driver of their right to request their own independent test, for which they must pay.

A witness, typically another police officer, must certify on Form 2255 that the arresting officer read its contents to the driver. The driver is then given a copy of the form. This process serves as evidence that the driver was made aware of their rights and that the police followed the proper legal procedure.

Can I Refuse to Take a Test?

You might feel that the police had no valid reason to stop you or that you are not intoxicated. However, it is generally advisable to comply and submit to the tests. Refusing to take a test can create more complications than a positive result might.

If you do receive a positive result from a blood, breath, or urine test, do not lose hope.

Sean Logue, a Pittsburgh DUI lawyer at the Logue Law Group, is highly knowledgeable about Pennsylvania’s DUI laws and procedures, including those in Allegheny County. consultation 412-387-6901. today for assistance.