In most Pennsylvania drunk driving cases, the prosecution must prove that the defendant’s blood alcohol content (BAC) at the time of their arrest was at or above the statutory limit of 0.08%. To establish this level of alcohol in your system, the police need to show a suitable sample of your blood, urine, or hair at the time of the arrest. A breath test is the most popular scientific method for establishing that drunk driving has occurred, and breathalyzer test results are often a critical factor in many Pennsylvania drunk driving cases.
However, while it may seem counterintuitive to challenge these results as breathalyzer tests are based on scientific fact rather than intuition or perception—it’s certainly possible to counter your breathalyzer test results. For instance, you and your lawyer may be able to prove that the machine was unreadable or not correctly calibrated. Likewise, you may be able to show that the officer lacked breathalyzer training, the test was based on an illegal search, or that other elements in your bloodstream led to inaccurate results.
Understanding Pennsylvania’s Implied Consent Laws
In Pennsylvania, drivers are subject to implied consent laws, which require them to submit to a breath or blood test upon request by a police officer if they are suspected of driving under the influence (DUI). This means that by obtaining a driver’s license, individuals implicitly consent to undergo breath or blood testing if they are pulled over and suspected of DUI. Refusing a breath or blood test can result in penalties, including fines and license suspension. It is essential to understand these laws and the consequences of refusing a breath or blood test to make informed decisions if faced with a DUI charge.
Challenging Breath Test Administration
Breath test administration can be challenged in various ways. One common method is to question the qualifications and training of the police officer who administered the test. If the officer is not properly trained or certified, the test results may be deemed unreliable. Additionally, the breathalyzer device used must be properly calibrated and maintained to ensure accurate results. If the device is not calibrated correctly, the test results may be inaccurate. A skilled DUI attorney can review the test administration process and identify any potential errors or flaws that may have affected the results.
Factors That Can Affect Breath Test Results
Several factors can affect breath test results, including medical conditions, medications, and environmental factors. Certain medical conditions, such as gastroesophageal reflux disease (GERD), can skew breath test results. Additionally, some medications, such as those containing acetone, can also affect test results. Environmental factors, such as exposure to chemicals or solvents, can also impact breath test results. It is crucial to consider these factors when evaluating breath test results and to consult with a medical professional or expert witness if necessary.
Pennsylvania’s Implied Consent Laws
It’s first important to note that under Pennsylvania law, the state operates under implied consent laws, which means that when an individual obtains a driver’s license, they’re implicitly giving their consent to submit to a breathalyzer or blood test upon request when suspected of driving under the influence. Still, you have every right to refuse a breath or blood test, but doing so means penalties that may include $500 for a first refusal, $1,000 for a second refusal, and $2,000 each time thereafter. Further, refusing a breath or blood test will result in the loss of your driver’s license for an additional year on top of any other penalties imposed for your DUI, even if you’re not convicted.
Fortunately, if you did take and fail a breath test, you may challenge these outcomes. Your test results assume that everything is executed correctly, the machine is up-to-date, the officer is trained on giving the tests, and you have no other health problems that may affect the test. Because there are so many variables that can alter the test results, an experienced Pennsylvania DUI attorney can be instrumental in helping you challenge the results.
4 Common Ways to Challenge Your Breath Results in a Pennsylvania DUI Case
Now that we’ve established that it’s legal for you to challenge the result of your breath test, you may be wondering about the strategies your lawyer will choose to pursue when defending you. Inconsistencies in breath tests can raise concerns regarding the accuracy of the testing equipment and the processes involved. Here are a few of the most common:
- You have a medical condition that skewed the results: Certain medical conditions, including gastro disorders such as gastroesophageal reflux disease (GERD), having a high-volume percentage of red blood cells, and having a high ketone level, can skew breathalyzer test results.
- The breathalyzer wasn’t maintained or calibrated correctly: If the breathalyzer isn’t maintained to proper calibrations, the results won’t be accurate. It’s essential that your attorney review the maintenance records of the breathalyzer machine to determine any calibration issues.
- The officer lacked breathalyzer training: Without the right training, an officer’s testimony about how a breathalyzer reading relates to your intoxication may be deemed unreliable. It’s also important to challenge the accuracy of breathalyzer testing using video evidence, witness testimonies, and expert opinions to question the reliability of the tests.
- Proper testing procedures were not followed: Even if an officer was adequately trained and the breathalyzer was appropriately calibrated, a reading can still be thrown out if the officer fails to follow the regulatory procedures for proper breath testing.
It’s important to note that every case is unique, and the type of defense strategy you use will depend on the variables at play during the incident. Get in touch with an experienced Montgomery County DUI defense lawyer as soon as possible for help today!
Evidence to Dispute Breathalyzer Accuracy
There are several types of evidence that can be used to dispute breathalyzer accuracy, including video evidence, witness testimony, and expert testimony. Video evidence, such as dashcam footage, can provide visual proof of the defendant’s sobriety. Witness testimony from passengers or bystanders can also offer alternative perspectives that may contradict high breathalyzer readings. Expert testimony from forensic toxicologists or other experts can provide scientific evidence to challenge the accuracy of breathalyzer results. A skilled DUI attorney can gather and present this evidence to challenge the prosecution’s case and protect the defendant’s rights.
Contact a Knowledgeable DUI Defense Lawyer in Montgomery County
If you’ve been arrested for driving under the influence and think it may be strategic to challenge the results of your breathalyzer test, it’s imperative that you act fast and get in touch with a lawyer after your arrest. The Pennsylvania DUI defense attorneys at Rubin, Glickman, Steinberg & Gifford know how difficult this time can be for you, and we’re committed to fighting for your rights and defending your interests during the legal process. Our top-notch legal team understands the ins and outs of Montgomery County DUI defense law and may be able to help you challenge the results of your breathalyzer test.
For more than 65 years, the lawyers at Rubin, Glickman, Steinberg & Gifford have served clients’ legal needs in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas. We’ve earned the trust of those facing a wide range of legal problems, including DUI defense law. Give us a call at (215) 822-7575 or complete our online contact form today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 25, 2024
