Breath Tests

When a police officer pulls a driver over on suspicion of driving under the influence, they will likely ask for a chemical test to measure the driver’s Blood Alcohol Content (BAC). One of the most common methods is analyzing a breath sample. Law enforcement officers may use either a handheld portable gadget or a larger, stationary machine for this purpose.

Before the test begins, the officer is required to provide the driver with a DL-26 form, frequently referred to as the “O’Connell warning.” This form acts as an implied consent statement, essentially informing you of the legal consequences of refusing the test. While these devices are standard tools for law enforcement, it is important to understand that they are not flawless. If a person consents to the test and registers a BAC of 0.08 or higher, they will face DUI charges. However, because technical glitches and operator errors occur, these charges can sometimes be dismissed.

How Breath Tests Work in Pennsylvania

To better understand the process, let’s look at how these tests function within the state. Generally, there are two distinct categories of breath tests utilized:

Portable or Preliminary Breath Tests (PBT)

These are the tests typically administered on the side of the road when an officer first suspects a driver is impaired. Officers use small, handheld devices such as the Intoxilyzer 500, AlcoCheck, or BACmaster. The driver is instructed to blow into the device, and the readout helps the officer decide if there is probable cause to make an arrest.

Unlike the machines at the station, PBTs usually display the number on a small LCD screen and do not produce a printed record. Crucially, in many situations, the driver has the right to refuse this specific roadside test without facing the immediate license suspension associated with refusing the official station test. Furthermore, the numeric results from a PBT are generally not admissible as evidence in court for the DUI charge itself. If you are unsure about your rights during a stop, a Harrisburg DUI attorney can review the details of your traffic stop to determine if proper protocol was followed.

Evidential or Stationary Breath Tests (EBT)

If arrested, the driver is taken to a police station for a more formal test. These are conducted on larger, stationary machines. Refusing to take this official test can result in severe administrative penalties, including automatic license suspension, due to implied consent laws. PennDOT regulations mandate that multiple breath samples be taken to ensure the reading is consistent and reliable.

Unlike the roadside version, the results from these machines are printed out and serve as primary evidence in court. The approved devices for evidentiary use in Pennsylvania include various models of the DataMaster, Alcotest, and Breathalyzer.

Common Errors in Breath Test Machines

While the machines used to analyze BAC are generally accepted as accurate, they are sophisticated pieces of technology that can fail. A knowledgeable Harrisburg federal criminal lawyer knows that relying blindly on a machine’s output can be a mistake, as various issues can trigger false positive results.

Some of the most common technical problems encountered include:

• Software Glitches: Bugs in the machine’s programming code.
• Environmental Factors: Presence of paint fumes or cleaning chemicals in the room.
• Interference: Electromagnetic interference (EMI) or radiofrequency interference (RFI) from cell phones or police radios.
• Partition Ratio: An overestimation of BAC based on the assumption that everyone’s blood-to-breath ratio is the same.
• Maintenance Issues: Improper cleaning or lack of regular service.
• Contaminants: The machine reads non-ethyl alcohol substances (like acetone in diabetics) as alcohol.

Mistakes Made by Breath Test Operators

The accuracy of a breath test doesn’t just depend on the hardware; it relies heavily on the competence of the person operating it. If the operator makes a mistake or overlooks a procedural step, the BAC reading may be deemed unreliable. This can lead to the dismissal of the evidence and potentially the entire DUI case.

It is vital to consult with a Harrisburg DUI attorney who understands the specific procedural requirements operators must follow. Potential errors made by police officers or other officials include:

• Lack of Certification: The test was administered by an officer who is not currently certified on that specific machine.
• Peak Absorption: Testing while the body is still actively absorbing alcohol, which can skew results.
• Sample Variation: A significant difference between the two required breath samples.
• Timing Violations: Failure to collect the samples within the legally required timeframe.
• Observation Failure: Neglecting to observe the driver for the mandatory 20-minute period prior to testing to ensure they didn’t vomit or ingest anything.
• Calibration Neglect: Using a machine that has not been properly calibrated.

The Role of Breath Test Machines in DUI Cases

In DUI cases throughout Dauphin County and the Commonwealth of Pennsylvania, three specific machines are commonly utilized to assess impairment: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. It is essential for any legal defense team to have an in-depth understanding of exactly how these units function.

Each brand and model has unique programming and operational quirks. A skilled Harrisburg federal criminal lawyer will have the ability to scrutinize state troopers, law enforcement officers, and other operators regarding their qualifications and the methods they used. This scrutiny is often the foundation of a successful defense.

Analyzing Machine Calibration

When defending clients against charges based on breath evidence, attorneys look closely at the machine’s maintenance history. The calibration acts as a quality control check. Questions must be asked: When was the calibration completed? Who performed it? Did that person have the specialized training required to do so?

If the accuracy of the calibration cannot be proven, the results it produced regarding your BAC may be invalid.

Scrutinizing the Machine Operator

The second major pillar of defense involves the human operator. Your Harrisburg DUI attorney will investigate if the operator held a valid license at the time of your arrest or if it had expired. They will also verify if the operator has kept up with ongoing training regarding the machine’s usage and technological advancements.

Furthermore, did they conduct the test on you correctly according to the manual? Operator error is one of the most significant factors that can lead to a case dismissal.

Defective Machines and Legal Precedents

Fortunately for defendants, the reliability of these machines is not absolute. Many breath test devices used in Pennsylvania have historically been proven defective or problematic. In fact, a State Supreme Court ruling a few years ago rendered certain evidence from these machines ineffective in specific contexts.

Because of this legal landscape, it is relatively feasible for a Harrisburg federal criminal lawyer to have Blood Alcohol Concentration readings suppressed or dismissed entirely if the defense can prove the equipment or procedure was flawed. Consequently, it is becoming more common for law enforcement to utilize blood tests rather than relying solely on breath tests.

Contact Logue Law Group

Are you currently facing charges for Driving Under the Influence in Dauphin County? Have you submitted to a breath test and now need a legal expert who understands the science and flaws of these machines?

The Logue Criminal Defense team is here to provide the knowledge and aggressive representation you need. As an experienced Harrisburg DUI attorney, Sean Logue understands how to challenge the validity of breath test evidence.

At Logue Law Group, we proudly serve Harrisburg and the surrounding areas. Take advantage of our free initial consultation by reaching out today at 412-387-6901. You can also contact us online to schedule your appointment.

Do not delay. DUI charges come with life-altering consequences, and relying on unreliable machines or improperly trained operators should not cost you your freedom. The longer you wait to secure legal representation, the more difficult it becomes to build a defense to reduce or dismiss your charges. With Sean Logue and his associates, you will have a dedicated Harrisburg DUI attorney working tirelessly to get your life back on track. Call now and take the first step!