Breath Tests

When a police officer suspects someone of driving under the influence, they often request a chemical test to determine the driver’s blood alcohol content (BAC). A common method involves analyzing the driver’s breath. Police officers utilize portable or stationary breath-testing machines for this purpose. Prior to the test, they provide the driver with a DL–26 form (commonly known as the “O’Connell warning”), which outlines the implied consent statement.

It’s important to understand that while breath tests are widely used, they are not without flaws. Issues with these devices or the way they’re operated can sometimes lead to inaccurate results. If a driver agrees to the test and their BAC reads 0.08% or higher, DUI charges will generally follow. However, operator errors or technical malfunctions could lead to the dismissal of these charges.

How Breath Tests Work in Somerset

Portable or Preliminary Breath Tests (PBT)

Portable breath tests (commonly referred to as PBTs) are conducted roadside, typically during traffic stops, to check for signs of intoxication. These tests are performed using devices like the Intoxilyzer 500, AlcoCheck, and BACmaster. Here’s how it works:

• The suspected driver blows into the device.
• The test gives an on-screen result to estimate alcohol levels, but it doesn’t provide a printed record.
• The driver has the right to refuse this test since the results are generally inadmissible in court.

PBT results, however, are often used as probable cause for further testing.

Evidential or Stationary Breath Tests (EBT)

Evidential breath tests (EBT) take place at police stations using larger, stationary machines like the AlcoTest, DataMaster, and Breathalyzer. These machines are intended for more precise measurements:

• Drivers who refuse this test may face stiff penalties.
• Per PennDOT regulations, multiple breath samples are required for accuracy.
• Machine printouts serve as evidence in court proceedings.

If you’ve been subjected to such tests, it’s critical to work with a Somerset criminal lawyer who knows how to scrutinize these tools.

Errors in Breath Test Machines

Breath test machines are considered generally reliable. But, like any technology, they can malfunction or produce false positives. Common issues include:

• Software Glitches: Errors in the machine’s programming or outdated software versions.
• Environmental Factors: Nearby chemicals or temperature changes can skew results.
• Electromagnetic or Radiofrequency Interference (EMI/RFI): Signals from mobile phones, radios, or other devices might disrupt the machine’s functionality.
• Blood-Breath Partition Assumption: Machines assume a standard blood-breath ratio of 2100:1, which doesn’t account for individual variation.
• Improper Maintenance: Machines require routine calibration and maintenance to operate properly.
• Presence of Non-Alcohol Substances: Substances like mouthwash or certain medications containing ethyl alcohol may produce inaccurate readings.

A knowledgeable Somerset DUI attorney will know how to identify these issues and challenge the evidence.

Operator Errors and Oversight

Even the most advanced machines can provide inaccurate results if improperly used. Testing accuracy relies heavily on the training and expertise of the operator. Common mistakes include:

• Non-Certified Operators: Administering the test without proper certification.
• Testing During Peak Absorption: Conducting the test too soon after alcohol consumption.
• Significant BAC Variations: Large discrepancies in sequential test results.
• Missed Observation Period: Failing to observe the subject for the legally required period before testing.
• Delayed Testing: Not completing testing within the mandated timeframe.
• Incorrect Calibration: Machines require precise calibration techniques to avoid errors.

By uncovering these mistakes, a Somerset criminal lawyer may be able to argue for the suppression of evidence, potentially leading to a case dismissal.

Breath Test Machines Used in Somerset DUI Cases

Law enforcement agencies in Somerset rely on three main types of breath test machines:

1. Intoxilyzer 8000
2. DataMaster
3. Intoxilyzer 5000

Each device operates differently, requiring specific programming and testing protocols. An experienced Somerset DUI attorney must be well-versed in the mechanics of these devices to build an effective defense. Two critical factors analyzed in breath test cases include:

• Machine Calibration:
  • When was the machine last calibrated?
  • Who performed the calibration, and were they properly trained?
  • Were the calibration records accurate and up to date?
• Operator Qualifications:
  • Did the operator have a valid, current license?
  • Had they completed recent training in machine operation?
  • Did they administer the test correctly?

Errors in machine maintenance or operator certification significantly boost the chance of case dismissals.

Supreme Court Ruling on Breath Test Machines

A significant Supreme Court ruling declared many breath test machines defective, resulting in their invalidation. Due to concerns about accuracy, breath tests are often replaced by blood tests, particularly in contested DUI cases. However, if breath tests are used, they remain highly challengeable in court.

Need a Somerset DUI Attorney?

Are you facing DUI charges in Somerset? Have breath test results been used against you? At Logue Law Group, our skilled attorneys are here to help. We specialize in identifying breath test flaws and operator errors to protect your rights.

Why Choose Logue Law Group?

• Comprehensive Knowledge: We understand how breath test machines work, and we know how to challenge their flaws.
• Experienced Team: Our attorneys have defended countless DUI cases, ensuring each client has the best possible defense.
• Free Consultation: Call us today at (844) PITT-DUI, or contact us online for a no-obligation consultation.

Don’t wait to act. DUI charges carry severe penalties, but an experienced Somerset criminal lawyer can make all the difference. Reach out to us today and take the first step toward reclaiming your freedom.