Breath Tests

When someone is suspected of driving under the influence, law enforcement officers typically request a chemical test to measure the driver’s blood alcohol content (BAC). One of the most commonly used methods involves testing the driver’s breath. Police officers may use either a portable or stationary device for this procedure. Before conducting the test, the officer will provide the driver with a DL-26 form, also known as the “O’Connell warning.” This form acts as an implied consent statement. However, it is essential to note that these devices are not without their issues. If a person agrees to a breath test and their BAC is found to be 0.08 or higher, they will be charged with DUI. Incorrect machine operation and technical issues can sometimes lead to errors, making it possible to have charges dismissed.

Are you facing DUI charges in Fayette County or Uniontown? Contact Logue Law Group to benefit from the experience of a skilled Uniontown DUI lawyer who can evaluate your case thoroughly.

Understanding Breath Tests in Pennsylvania

Breath tests are integral to DUI enforcement in Pennsylvania. Two primary testing methods are employed:

1. Portable or Preliminary Breath Tests (PBT)

These tests are typically administered by law enforcement officers on-site when an individual is suspected of drunk driving. Devices such as the Intoxilyzer 500, AlcoCheck, and BACmaster are commonly used. The person suspected of DUI is required to blow into a portable device, which then displays the BAC level on an LCD screen.

Important facts about PBT include:

• Probable Cause Only: The results can be used to justify further testing but are not admissible in court as evidence.
• Optional Test: Drivers have the right to refuse this test.

2. Evidential or Stationary Breath Tests (EBT)

Unlike portable devices, stationary breath tests are conducted at police stations using larger, more precise machines. Refusing these tests can lead to severe legal consequences. Evidential testing involves strict procedures regulated by PennDOT, including the collection of multiple breath samples to reduce errors.

Key details about EBT include:

• Results are printed and can be introduced as evidence during legal proceedings.
• Approved machines for these tests in Pennsylvania include the DataMaster, AlcoTest, and Breathalyzer models.

An experienced Uniontown criminal lawyer can identify inaccuracies in both testing methods and use any errors in your defense. Entrust your case to Logue Law Group, where expertise meets commitment.

Common Issues with Breath Testing Machines

Although breath test machines are often considered reliable, several factors can lead to inaccurate or false-positive results. These include:

• Software Errors
• Environmental Influences
• Electromagnetic Interference (EMI) or Radio Frequency Interference (RFI)
• Blood-to-Breath Ratio Assumptions that inaccurately estimate BAC levels
• Improper Maintenance of Machines
• Detection of Non-Ethyl Alcohol Substances, leading to skewed results

If you’ve been subjected to an inaccurate breath test in Fayette County or Uniontown, the Logue Law Group has the tools to investigate and challenge the results.

Common Operator Errors

While the technology behind breath test machines is critical, their accuracy depends largely on the skill and knowledge of the operator. Errors during test administration can influence the results and may even lead to case dismissals.

Here are some common mistakes made by breath test operators:

• The test is conducted by someone who is not certified.
• Peak absorption periods are not accounted for when testing is performed.
• There is significant variation between BAC samples.
• Breath samples are not collected within the required timeframe.
• Operators skip the mandatory observation period before testing begins.
• Machines used are not properly calibrated, impacting BAC readings.

These errors can lead to inaccurate results, strengthening the defense for DUI cases. If you’re searching for a proficient Uniontown DUI lawyer, the attorneys at Logue Law Group can help uncover mistakes and flaws in the prosecution’s evidence.

Breath Test Machines in Uniontown DUI Cases

Three types of breath machines are primarily used in DUI cases across Pennsylvania:

1. Intoxilyzer 8000
2. DataMaster
3. Intoxilyzer 5000

Each machine operates differently, with distinct programming and calibration standards. To build a strong defense, a Uniontown criminal lawyer from Logue Law Group will evaluate the specific machine involved in your case.

Key Factors in Defending Breath Test Results

1. Machine Calibration

Calibration accuracy is crucial for reliable results. Questions regarding when the machine was last calibrated, who calibrated it, and whether the individual was properly trained can raise doubts about the test’s credibility.

2. Operator Certification

The person administering the test must be adequately licensed and trained. An expired license or outdated training can jeopardize the results, providing grounds for challenging the charges.

At Logue Law Group, our Uniontown DUI lawyers are experts in uncovering flaws in both equipment and personnel involved in DUI enforcement, often leading to reduced or dismissed charges.

A History of Defective Machines

For many DUI defendants, ineffective breath test machines have been a lifeline. A previous Pennsylvania Supreme Court ruling declared certain breath test machines unreliable. This makes it possible to suppress BAC evidence derived from such machines. However, it is becoming increasingly common for law enforcement to use blood tests instead of breath tests.

If you are facing DUI charges in Fayette County, Uniontown, or surrounding areas, the Logue Law Group is here to help.

Contact Logue Law Group Today

If you’ve been charged with Driving Under the Influence, don’t wait to take action. Uniontown DUI lawyers at Logue Law Group understand the complexities of breath test cases and can craft a defense tailored to your situation.

Why Choose Us?

• We serve Fayette County, Uniontown, West Virginia, and Ohio.
• A free initial consultation is available at (844) PITT-DUI or via our website.
• Our attorneys are experts in challenging faulty machines, procedural errors, and improperly trained test operators.

Don’t delay. Call now. DUI charges come with steep consequences, and early legal intervention can significantly increase your chances of a favorable outcome. With Logue Law Group, you’ll have a dedicated team ready to defend your case and get your life back on track.