Breath Tests

If a law enforcement officer suspects a driver of being under the influence, they will usually ask for a chemical test to measure the driver’s Blood Alcohol Content (BAC). A frequent method used is a breath analysis. Officers might use a handheld device on the spot or a larger, stationary machine at the station.

Before the test begins, the officer must provide the driver with a DL-26 form, often called the “O’Connell warning.” This document explains implied consent laws. It is important to remember that these testing devices are not perfect and can have technical flaws. However, if a driver consents to the test and registers a BAC of 0.08 or higher, they will face DUI charges. Fortunately, operator errors or machine malfunctions can sometimes lead to these charges being dropped.

Pennsylvania Breath Tests and How They Work

It is helpful to understand the specific procedures used for breath testing in Pennsylvania. Typically, law enforcement utilizes two distinct categories of breath tests:

Portable or Preliminary Breath Tests (PBT)

These are administered at the roadside by police when they first stop a suspected drunk driver. The devices often used include the Intoxilyzer 500, AlcoCheck, and BACmaster. The driver is instructed to blow into the handheld unit, and the result helps the officer decide if there is probable cause for an arrest.

A Morgantown criminal lawyer might explain that these portable devices show a digital reading on an LCD screen but do not produce a physical printout. Crucially, drivers generally have the right to refuse this specific preliminary roadside test, and its results are typically not admissible as hard evidence in a trial.

Evidential or Stationary Breath Tests (EBT)

Stationary tests are performed using larger, more complex machines found at police stations. Unlike the roadside test, refusing this official test can result in harsh penalties under implied consent laws. Pennsylvania Department of Transportation (PennDOT) regulations mandate that multiple breath samples be taken to ensure accuracy.

The results from these machines are printed out and serve as valid evidence in court. Common approved models in Pennsylvania include the Alco test, DataMaster, and various Breathalyzer units. If you are facing charges based on these results, a Morgantown DUI attorney can help scrutinize the validity of the test.

Errors in Breath Test Machines

While the machines used to analyze blood alcohol content are generally viewed as accurate, they are not infallible. A variety of technical and environmental issues can lead to false positive readings. Common problems include:

• Glitches or bugs in the software
• Environmental conditions affecting the machine
• Interference from radio frequencies (RFI) or electromagnetic fields (EMI)
• Overestimated BAC readings caused by an average blood-breath partition ratio assumption
• Lack of proper maintenance or cleaning
• Detection of non-ethyl alcohol substances appearing as alcohol

Breath Test Operator Mistakes

The reliability of a breath test doesn’t just depend on the machine; it depends heavily on the person operating it. If the operator makes a mistake or an oversight, a skilled Morgantown criminal lawyer may be able to get the DUI case dismissed, as the BAC result might be deemed unreliable evidence.

It is important to be aware of the potential errors officials, including police officers, can make during testing:

• Administration of the test by a police officer who lacks proper certification
• Conducting the test while the body is still in the peak absorption phase
• Large discrepancies between the different breath samples collected
• Failing to collect the samples within the legally required timeframe
• Skipping or shortening the mandatory observation period before testing
• Improper or expired calibration of the testing device

Breath Test Machines in DUI Cases

Throughout the Commonwealth of Pennsylvania, three specific machines are primarily used to evaluate breath for alcohol impairment: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. It is vital for a Morgantown DUI attorney handling these cases to possess deep knowledge of these specific devices.

Each brand and model functions differently and utilizes unique programming logic. Your defense counsel must be able to aggressively question state troopers, law enforcement officers, and other operators about their qualifications and testing methods to build a strong defense.

When defending a client against DUI charges based on breath evidence, an experienced Morgantown criminal lawyer will analyze two primary factors. First, they will audit the calibration records of the machine involved. Key questions include: When was it last calibrated? Who performed the calibration? Were they properly trained? The precision of the machine’s calibration is absolutely critical.

Second, the machine operator is a major point of focus. Is their license to operate the machine current, or has it expired? Have they kept up with continuing education regarding the machine’s operation? Did they follow every protocol correctly during your specific test? Operator error is a significant factor that can increase the likelihood of a case dismissal.

Luckily for defendants, several breath test machines used in Pennsylvania have a history of defects. A State Supreme Court ruling in recent years actually rendered certain devices ineffective for evidence. Consequently, it is often possible for a Morgantown DUI attorney to have BAC readings suppressed or thrown out entirely. Because of these issues, blood tests are becoming more common than breath tests.

Are you dealing with charges for Driving Under the Influence? Did you submit to a breath test and now need a legal expert who understands the technical flaws of these machines? The Mountaineer Law Group is ready to offer the guidance and defense strategy you need.

At Mountaineer Law Group, we serve clients in Morgantown, West Virginia, and Ohio. Take advantage of our free initial consultation by calling today: (304) 381-3656. You can also reach us online.

Do not wait. DUI charges carry severe penalties, and you shouldn’t let unreliable machines or poorly trained operators cost you your freedom. The longer you delay hiring a Morgantown criminal lawyer, the harder it becomes to fight your charges. With Sean Logue and the team at Mountaineer Law Group, you will have dedicated advocates working to protect your future. Call now!