Understanding Breath Tests in Pennsylvania

When a police officer pulls you over and suspects you of driving under the influence, they will likely ask you to submit to a chemical test to measure your blood alcohol content (BAC). One of the most common methods is a breath test. Officers might utilize either a stationary machine or a portable device to gather this sample. Before they administer the test, law enforcement must supply you with a DL-26 form, which is frequently referred to as the “O’Connell warning.” This specific document acts as an implied consent statement under the law. If you agree to take the test and your BAC registers at 0.08 or higher, you will face DUI charges. However, these testing devices are not perfect. Mechanical flaws and operator mistakes can sometimes lead to a complete dismissal of your drunk driving charges.

How Pennsylvania Breath Tests Function

Let us take a closer look at how these breath analysis tests operate within Pennsylvania. Generally speaking, law enforcement uses two distinct categories of breath testing tools. If you are facing charges, having a knowledgeable Pittsburgh DUI attorney can help you understand the difference between these devices.

Portable or Preliminary Breath Tests (PBT)

Police officers administer preliminary tests on the side of the road when they suspect someone of driving drunk. Some of the most frequently used portable models include the BACmaster, AlcoCheck, and Intoxilyzer 500. The officer will ask the suspected driver to blow directly into the handheld unit. The LCD screen displays the preliminary results, which officers use as probable cause to pursue further chemical testing. Because these devices do not print out an official physical record, a driver has the legal right to refuse this roadside test. Furthermore, PBT results cannot be admitted as evidence in a court of law. Consulting with a seasoned Pittsburgh criminal lawyer will clarify your rights regarding roadside testing and evidence admissibility.

Evidential or Stationary Breath Tests (EBT)

Conversely, stationary EBTs are performed using much larger, more sophisticated machines securely housed at local police stations. Refusing to blow into one of these machines carries harsh legal penalties. The Pennsylvania Department of Transportation (PennDOT) mandates that officers collect multiple breath samples to verify the reliability of the reading. These machines print out official results that prosecutors use as concrete evidence against you in court. Approved EBT models in the state of Pennsylvania include the Breathalyzer, DataMaster, and Alco test units.

Common Errors in Breath Test Machines

While courts generally accept stationary breath test machines as accurate tools for determining blood alcohol content, various technical issues can trigger false positive readings. If you receive an inaccurate reading, a dedicated Pittsburgh DUI attorney can investigate the equipment used during your arrest.

Consider these frequent mechanical and environmental problems:

• Software bugs or system glitches
• Environmental factors in the testing room
• Radiofrequency interference (RFI) or electromagnetic interference (EMI)
• Overestimated BAC readings caused by an assumed blood-breath partition ratio
• Improper machine maintenance and lack of routine upkeep
• The inclusion of non-ethyl alcohol substances skews the final test results

Mistakes Made by Breath Test Operators

The reliability of any breath testing device depends heavily on the skill and training of the person operating it. Human oversights or procedural errors during the administration of the test can render the blood alcohol content evidence inadmissible, often resulting in the dismissal of a DUI case. Working alongside a skilled Pittsburgh criminal lawyer is vital to identify these procedural flaws.

Familiarize yourself with the common mistakes made by police officers and other officials:

• Administration of the breath test by an officer who lacks proper certification
• Conducting the test during the subject’s peak alcohol absorption period
• Significant numerical variations between the provided BAC samples
• Failing to collect the required breath samples within the legally mandated time frame
• Neglecting to observe the suspect for the mandatory continuous observation period prior to testing
• Inadequate or expired calibration of the breath testing machine

Breath Test Machines Commonly Used in DUI Cases

Throughout the Commonwealth of Pennsylvania, law enforcement agencies primarily utilize three specific machines to evaluate a driver’s breath for alcohol impairment: the DataMaster, the Intoxilyzer 5000, and the Intoxilyzer 8000. It is essential for legal professionals handling these complex cases to deeply understand the mechanics of each specific unit. Every model and brand functions differently and utilizes unique internal programming. An experienced Pittsburgh DUI attorney must be prepared to aggressively cross-examine state troopers, local police officers, and machine operators regarding their specialized qualifications and testing methods to build a successful defense.

Building a Defense Against Breath Test Evidence

When defending clients against charges based on breath tests, legal advocates focus on two primary factors. First, they rigorously investigate the machine’s calibration records. Important questions include when the machine was last calibrated, who performed the calibration, and whether that individual possessed the required training for the task. The strict accuracy of machine calibration is paramount to a fair trial.

Second, the defense closely evaluates the machine operator. Is their certification currently valid, or has their license to operate the machine expired? Have they completed all necessary ongoing training regarding machine advancements? Did they follow all the strict protocols when testing the individual? This avenue of investigation is incredibly powerful. Proven operator error drastically improves the likelihood that a judge will dismiss the case.

Defective Machines and Legal Precedent

Fortunately for defendants, several breath test machines utilized in Pennsylvania have a history of proven defects. A pivotal State Supreme Court ruling from a few years ago declared certain results ineffective. Because of this precedent, a knowledgeable Pittsburgh criminal lawyer can sometimes successfully argue to have Blood Alcohol Concentration readings suppressed or thrown out completely. Because of these known issues with breath machines, law enforcement now relies more frequently on blood tests instead.

Contact the Logue Law Group Today

Are you currently facing criminal charges for driving under the influence of alcohol? Did you submit to a breath test and now require a legal team that understands the intricate details of these testing machines? Look no further. The Logue Law Group team possesses the specific knowledge and aggressive expertise necessary to challenge your criminal charges.

At Logue Law Group, our dedicated Pittsburgh criminal lawyer proudly serves clients throughout Pittsburgh, Ohio, and West Virginia. We encourage you to take advantage of our free initial consultation by reaching out to our office today at 412.387.6901. You can also easily contact us through our online portal.

Do not wait to seek help! Driving under the influence convictions carry incredibly severe penalties, and improperly trained operators or unreliable machines should not be allowed to jeopardize your personal freedom. The longer you delay securing proper legal representation, the more difficult it becomes to successfully reduce or dismiss your charges. With Sean Logue and the dedicated Pittsburgh DUI attorneys at our group by your side, you will have a passionate team fighting to get your life back on track. Call 412.387.6901 now and take the very first step toward your defense!