Breath Tests

When suspected of driving under the influence, law enforcement may request a chemical test to determine a driver’s blood alcohol content (BAC). Among the most commonly used methods are breath tests, which involve analyzing a driver’s breath sample. Law enforcement can use either portable or stationary devices for these tests.

Breath tests play a key role in DUI cases, but they are not without flaws. If a driver consents to a breath test and their BAC is 0.08% or higher, they will face DUI charges. However, mistakes by test operators and technical malfunctions can sometimes lead to charges being dismissed. The following sections provide an overview of how breath tests work in Pennsylvania, potential errors associated with these devices, and how an experienced Indiana PA criminal lawyer can help challenge these cases.

Pennsylvania Breath Tests and Their Function

Types of Breath Tests

In Pennsylvania, law enforcement primarily employs two types of breath tests:

Portable Breath Test (PBT)

• Purpose: Conducted roadside by police to determine probable cause for further testing.
• Devices Used: Common models include Intoxilyzer 500, AlcoCheck, and BACmaster.
• Results: Displayed on an LCD screen without a printed record.
• Limitations:
  • Drivers can refuse a PBT without facing immediate penalties.
  • Results are not admissible in court but may be used to justify an arrest.

Evidential Breath Test (EBT)

• Purpose: Performed at police stations using larger, more sophisticated machines.
• Devices Used: Approved machines include Alco Test, DataMaster, and Breathalyzer models.
• Requirements:
  • PennDOT mandates multiple samples to ensure accuracy.
  • Results are printed and can be used as evidence in court.
• Penalties for Refusal:
  • Refusal to take an EBT can result in severe penalties, including driver’s license suspension.

Common Errors in Breath Test Machines

Breath test machines, while generally considered reliable, are far from perfect. Some common issues include:

1. Software Bugs

Glitches in device software can produce inaccurate or inconsistent results.

2. Environmental Factors

Variables like temperature, humidity, and altitude can impact test accuracy.

3. Interference

Electromagnetic and radiofrequency interference from nearby equipment can skew results.

4. Partition Ratio Assumptions

Machines estimate BAC using a fixed blood-to-breath ratio, which may not apply to all individuals.

5. Improper Calibration

Machines must be regularly serviced and calibrated. Improper maintenance can lead to false results.

6. Non-Ethyl Alcohol Substances

Certain substances, such as mouthwash or medications that contain alcohol, can interfere with results.

Breath Test Operator Errors

The reliability of breath tests depends heavily on the skill and training of the operator. Errors made during testing can be grounds for dismissal of DUI charges. Common operator mistakes include:

• Lack of Certification

Tests must be administered by certified officers. Non-certified personnel conducting tests can invalidate the results.

• Timing Issues

Tests conducted during the absorption period, rather than post-absorption, may not reflect true BAC levels.

• Missing Observation Period

Operators must observe individuals for a set period before testing to ensure no substances are consumed that could impact the results.

• Failure to Follow Protocol

Deviating from established procedures, such as incorrect sample collection or equipment setup, can raise doubts about test validity.

Machines Used in Indiana, PA DUI Cases

Three main breath test machines are frequently utilized in Indiana, PA:

1. Intoxilyzer 8000
2. DataMaster
3. Intoxilyzer 5000

Each machine operates differently and has unique settings and requirements. A skilled Indiana PA DUI attorney will scrutinize the machine used in your case, questioning its maintenance records, calibration history, and operator training.

The Role of Breath Tests in DUI Defense

For defendants facing DUI charges, breath tests often form a critical part of the evidence. However, an experienced Indiana PA criminal lawyer can challenge this evidence in multiple ways:

• Machine Calibration Issues

Determining if the device was last calibrated correctly and by a trained professional is crucial to verifying accuracy.

• Operator Licensing and Training

Verifying whether the test operator had a valid license and up-to-date training can highlight procedural errors.

• Machine Defects

Many breath test machines in Pennsylvania have been ruled defective in recent years. Courts frequently suppress or dismiss BAC readings when these machines are shown to be unreliable.

Why You Need an Experienced DUI Attorney in Indiana, PA

If you’ve been charged with DUI in Indiana, PA, it’s vital to have a legal team that understands every aspect of your case—from how breath tests work to how they can be challenged. At Logue Law Group, our Indiana PA DUI attorney has a deep understanding of DUI laws and extensive experience in defending clients against breath test evidence.

What We Offer:

• Comprehensive Case Analysis

We review all available evidence to identify weaknesses in the prosecution’s case.

• Aggressive Defense Strategies

Our team challenges illegal stops, flawed test results, and operator errors.

• Client-Centered Advocacy

We focus on protecting your rights and minimizing the impact of charges on your future.

Schedule a Free Consultation

Time is critical when facing DUI charges. The sooner you act, the better your chances of protecting your freedom and driving privileges. Take the first step by scheduling your free consultation with a trusted Indiana PA criminal lawyer at Logue Law Group.

Call us today at (844) PITT-DUI or contact us online to get started.

So, if you have been charged with any of the above actions, stop waiting and consult an Indiana PA DUI attorney right away.