Breath Tests

When a law enforcement officer suspects someone of driving under the influence, they often request a chemical test to determine the driver’s blood alcohol content (BAC). A commonly used method involves analyzing the driver’s breath. Officers may use either a portable or stationary device for this. Before administering a breath test, officers will provide the driver with a DL–26 form, also known as the “O’Connell warning,” which outlines the implied consent statement.

It’s important to note that breath test machines are not without their issues. However, if a person agrees to take the test and their BAC measures 0.08 or higher, they will likely be charged with DUI. Mistakes made by machine operators or technical problems may sometimes lead to the dismissal of DUI charges.

Pennsylvania Breath Tests and How They Function

Types of Breath Tests Used in Pennsylvania

There are primarily two types of breath tests used in Pennsylvania:

1. Portable or Preliminary Breath Tests (PBTs)

PBTs are conducted at the roadside by police officers on suspected drunk drivers. Devices like the Intoxilyzer 500, AlcoCheck, and BACmaster are commonly used. Drivers suspected of impairment are asked to blow into the portable device, and the results are displayed on an LCD screen. These results are used as probable cause for further testing but are not admissible in court. It’s worth mentioning that drivers can refuse this test.

2. Evidential or Stationary Breath Tests (EBTs)

These tests are performed using larger, more sophisticated machines located at police stations. Refusing to take this test can result in harsh penalties. The Pennsylvania Department of Transportation (PennDOT) mandates the collection of multiple breath samples to verify accuracy and reliability. The results are printed and can be used as evidence in court. Approved machines for evidential purposes in Pennsylvania include the Alco Test, DataMaster, and various Breathalyzer models.

Errors in Breath Test Machines

Breath test devices, although considered reliable, can sometimes produce false positives due to various issues. Some of the common problems affecting the accuracy of these machines include:

• Software glitches or programming bugs
• Environmental influences, such as temperature or humidity
• Interference from electromagnetic or radio frequencies (EMI or RFI)
• Overestimations of BAC caused by an assumed blood-to-breath partition ratio
• Improper maintenance or calibration of the machine
• Inclusion of non-ethyl alcohol substances in the results

Breath Test Operator Mistakes

The reliability of breath test results also hinges on the skill and qualifications of the operators conducting them. Errors or procedural oversights during administration can lead to the dismissal of DUI cases if the BAC evidence is deemed unreliable. Some frequent mistakes include:

• Tests being conducted by non-certified police officers
• Administering tests during the peak absorption phase of alcohol
• Significant disparity between BAC sample results
• Failure to collect samples within the legally required timeframe
• Omitting or skipping the mandatory observation period
• Calibration of the machine not being performed adequately or on schedule

If you’ve been confronted with the above-stated charges, it’s best to have a New Castle criminal lawyer by your side to craft a robust defense strategy.

Breath Test Machines in DUI Cases

When it comes to DUI cases in New Castle and the surrounding areas, three primary machines are used to assess a driver’s breath for alcohol content: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. Understanding the operation of each machine is vital for building defenses against DUI charges. And the best way to do that is to hire a New Castle DUI attorney right away.

Proficient attorneys focus on two major aspects when defending their clients:

1. Machine Calibration

An attorney will investigate the calibration of the breathalyzer machine. Key questions include:

• When was the machine last calibrated?
• Who performed the calibration?
• Was the individual who calibrated it adequately trained?

Calibration plays a critical role in ensuring accurate readings. If calibration records are incomplete or inadequate, the breathalyzer results may become inadmissible.

2. Operator Qualifications

Another factor attorneys examine is whether the person administering the test was certified and trained adequately. Key areas reviewed include:

• Whether the operator’s certification was valid
• Whether the operator received ongoing training
• Whether the test was administered correctly

Operator error can substantially weaken the prosecution’s case, increasing the chances of the DUI charge being dismissed entirely.

Challenges to Breath Test Reliability

Interestingly, many breath test machines used in Pennsylvania, including New Castle, have been found to be defective. A significant ruling by the State Supreme Court a few years ago questioned the reliability of certain breathalyzer models, rendering their results inadmissible in some cases. This makes it easier for New Castle criminal lawyers to suppress BAC readings obtained from such machines. However, it’s worth noting that blood tests, rather than breath tests, are often preferred in DUI cases due to their higher level of accuracy.

Facing a DUI Charge in New Castle? Contact Logue Law Group Today!

Are you dealing with Driving Under the Influence charges in New Castle? Are unreliable breath test results putting you at risk? You don’t have to face this challenge alone. The experienced team at Logue Law Group is here with the expertise and knowledge you need to fight your case.

Our criminal defense experts serve New Castle, West Virginia, and Ohio. With our free initial consultation, you can begin your defense strategy immediately. Reach out to us at (844) PITT-DUI or contact us online to get started.

Protect Your Freedom Today

DUIs can carry life-altering consequences. Don’t take chances with potentially flawed devices or improperly trained operators. At Logue Law Group, we’ve successfully handled countless DUI cases by scrutinizing every detail of breath test procedures to build strong defenses.

Time is critical. The longer you wait to seek representation, the harder it may become to challenge DUI charges. Call Sean Logue and his team of dedicated New Castle criminal lawyers today to take the first step toward protecting your future.