Breath Tests

When law enforcement suspects that a driver may be under the influence of alcohol in Mercer, they often request a chemical test to measure the driver’s blood alcohol content (BAC). One of the standard tests involves analyzing a sample of the driver’s breath. Officers use either portable or stationary breath testing devices for this purpose and will issue the driver a DL-26 form, also called the “O’Connell Warning,” which serves as an implied consent statement. However, these devices are not without their flaws. If the driver consents to the test and their BAC is 0.08 or higher, they will face DUI charges. Errors by device operators or technical issues sometimes enable DUI attorneys to argue for the dismissal of charges.

Understanding Breath Tests in Mercer

Breath tests in Mercer fall into two categories:

Portable Breath Tests

Portable breath tests (PBTs) are conducted at the roadside by law enforcement officers investigating suspected drunk drivers. Devices such as the Intoxilyzer 500, AlcoCheck, and BACmaster are commonly used. The driver blows into the portable device, and the results are displayed on an LCD screen. These results are often used to establish probable cause for further testing. While drivers have the right to decline this test, it is important to note that PBT results are not admissible as evidence in court.

Evidential Breath Tests

Stationary breath tests, also known as evidential breath tests (EBTs), are performed at police stations using larger, more sophisticated machines. Refusing this test in Mercer can result in strict penalties. These tests adhere to PennDOT regulations, which require multiple breath samples for accuracy. Results from these stationary machines are printed and can be submitted as evidence in court. Machines approved for use include Alco test, DataMaster, and Breathalyzer models.

Issues with Breath Test Devices

Although considered reliable, breath test machines sometimes produce false positive results due to various issues. Mercer criminal lawyers handling DUI cases need to be aware of common problems, such as:

• Software malfunctions or bugs
• Environmental factors such as temperature or humidity
• Electromagnetic or radio frequency interference (EMI or RFI)
• Incorrect blood-breath partition ratio assumptions
• Lack of proper maintenance
• Detection of substances other than ethyl alcohol

Operator Errors in Breath Testing

The effectiveness of breath tests relies heavily on the competence of the operator. Mistakes made by law enforcement officers during the process can undermine the reliability of BAC readings. Such errors may lead to the case being dismissed. Common operator mistakes include:

• Tests being administered by officers without proper certification
• Conducting the test during the peak absorption phase
• Variations in multiple BAC samples
• Failing to collect breath samples within the required time frame
• Omitting the mandatory observation period before the test
• Improper calibration of the breath testing device

Breath Test Machines And Their Role in Mercer DUI Cases

Mercer DUI attorneys often encounter cases involving three main breath testing machines: the Intoxilyzer 8000, DataMaster, and Intoxilyzer 5000. Each model has unique programming and operates differently. Understanding the intricacies of these machines is crucial for lawyers defending DUI cases.

When fighting charges based on breath test results, criminal lawyers focus on two pivotal areas:

Machine Calibration

Proper calibration is essential for obtaining accurate BAC readings. Mercer DUI attorneys will review records to determine when the machine was last calibrated, who performed the calibration, and whether the individual was adequately trained.

Machine Operator

The operator’s qualifications are equally important. Was the operator’s certification current, and have they completed recent training on the machine? Did they administer the test in compliance with required protocols? Errors in this area often lay the foundation for successful defense arguments.

Legal Advantages for DUI Defendants in Mercer

Fortunately for many charged with DUI, a significant number of breath-testing devices used in Pennsylvania have been deemed defective. A State Supreme Court ruling highlighted flaws that compromise the machines’ accuracy, making it possible in some cases to exclude BAC results as evidence. While blood tests often replace breath tests for validity, breath-testing devices remain central to many DUI cases.

If you’re facing a DUI charge in Mercer, it’s critical to have an experienced legal advocate who understands the intricacies of breath-testing machines. The right Mercer DUI attorney can scrutinize the device and the operator to identify potential errors that might lead to a reduction or dismissal of your charges.

Contact a Criminal Lawyer Today

Arrested for DUI? Did you take a breath test and now need an experienced attorney to fight your charges? Your defense begins here with the Logue Criminal Defense team, serving Mercer and surrounding areas.

Call us today for a free consultation at (844) PITT-DUI or contact us online. Don’t wait; DUI charges carry severe penalties, and a proactive defense is key to protecting your rights. At Logue Law Group, our skilled Mercer criminal lawyers are ready to fight for the best possible outcome in your DUI case.

Take control of your future and call now!