Breath Tests

When a police officer suspects a driver is under the influence, they may request a chemical test to measure the driver’s blood alcohol content (BAC). One of the most common methods is a breath test, which analyzes a breath sample. Officers might use a portable device on the roadside or a larger, stationary machine at the police station. Before administering the test, the officer must provide the driver with a DL-26 form, often called the “O’Connell warning.” This form explains the principle of implied consent. It’s important to understand that these testing devices are not flawless. However, if an individual consents to the test and their BAC is 0.08% or higher, they will face DUI charges. Issues like operator mistakes or technical glitches with the device can sometimes lead to the dismissal of drunk driving charges.

Pennsylvania Breath Tests and Their Functionality

Let’s break down how breath tests operate in Pennsylvania. There are primarily two categories of breath tests used by law enforcement. A knowledgeable Wellsburg DUI attorney can explain the differences and how they apply to your case.

Portable or Preliminary Breath Tests (PBT)

These tests are typically administered on the roadside by police officers to individuals suspected of drunk driving. Common devices for this purpose include the Intoxilyzer 500, AlcoCheck, and BACmaster. The driver is asked to blow into the handheld device, and the result can provide probable cause for additional testing. While the PBT shows a result on an LCD screen, it does not produce a printed record. A crucial point is that drivers have the right to refuse this preliminary test, and its results are not admissible as evidence in court.

Evidential or Stationary Breath Tests (EBT)

Stationary breath tests involve larger, more sophisticated machines housed at police stations. Refusing to submit to this test can result in significant penalties, including license suspension. According to PennDOT regulations, multiple breath samples are required to ensure the reliability of the reading. The results from these tests are printed out and are admissible as evidence in court. Approved machines for use in Pennsylvania include various models of the Alcotest, DataMaster, and Breathalyzer. If you’ve taken one of these, consulting a Wellsburg criminal lawyer is a critical next step.

Inaccuracies in Breath Test Machines

While the breath test machines used to determine blood alcohol content are generally presumed to be accurate, a variety of factors can lead to false positive results. Below are some common issues that can compromise a test’s validity:

• Software Glitches: Bugs or errors within the machine’s software can produce incorrect readings.
• Environmental Factors: External conditions like temperature or humidity can interfere with the device’s sensors.
• Electromagnetic or Radiofrequency Interference (EMI/RFI): Signals from radios or other electronic devices can disrupt the machine’s operation.
• Assumed Blood-Breath Partition Ratio: The machines assume a standard ratio for converting breath alcohol to blood alcohol, which isn’t accurate for everyone, potentially leading to an overestimation of BAC.
• Improper Maintenance: A lack of regular servicing and calibration can affect the machine’s accuracy.
• Inclusion of Non-Ethyl Alcohol Substances: The machine may detect other substances in the breath, such as those from mouthwash or certain medical conditions, and misread them as ethyl alcohol.

Mistakes Made by Breath Test Operators

The accuracy of a breath test device is also highly dependent on the skill of the person administering it. Errors made by the operator can be grounds for having the BAC results dismissed as evidence, which can be a strong defense strategy. A Wellsburg DUI attorney will investigate these very issues. It’s important to be aware of potential mistakes that officials, including police officers, can make during the testing process:

• Non-Certified Operator: The test was administered by a police officer who lacks the proper certification to operate the machine.
• Testing During Peak Absorption: The test was conducted while the alcohol was still being absorbed into the bloodstream, which can lead to an inaccurate BAC reading.
• Significant Sample Variation: The BAC readings from multiple breath samples vary too much from each other.
• Failure to Collect Samples in Time: The officer did not collect the required breath samples within the legally mandated time frame.
• Neglecting the Observation Period: The officer failed to observe the individual for a mandatory period before the test to ensure no substances entered the mouth.
• Inadequate Machine Calibration: The breath test machine was not properly calibrated according to state regulations.

Breath Test Machines in DUI Proceedings

In DUI cases throughout the Commonwealth of Pennsylvania, three primary machines are used to analyze a person’s breath for alcohol impairment: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. It is essential for a Wellsburg criminal lawyer who handles Driving Under the Influence cases to have a deep, technical understanding of each device. Every brand and model has a different operational method and unique programming. A skilled attorney must be able to effectively question law enforcement officers, state troopers, and other machine operators about their procedures and qualifications to build a successful defense.

When defending a client against a DUI charge based on a breath test, a proficient Wellsburg DUI attorney will investigate two main areas. First, they scrutinize the calibration records of the breath test machine. Key questions include when the last calibration was performed, who performed it, and whether that person was properly trained for that task. The accuracy of the machine’s calibration is critically important.

Second, the operator of the machine is a vital consideration. Is their license current, or has it expired? Have they kept up with ongoing training on the machine’s use and any recent updates? Did they administer the test to the individual correctly? This area is a significant focus when constructing a defense, as operator error can greatly increase the chances of a case being dismissed. The right legal expert can make all the difference.

Fortunately for those accused of a DUI, many breath test machines used in Pennsylvania have been shown to be flawed. A State Supreme Court ruling from several years ago found them to be unreliable. This makes it reasonably possible for a Wellsburg criminal lawyer to have Blood Alcohol Concentration readings from a breath test machine suppressed or thrown out entirely. However, it is worth noting that blood tests are now more commonly used than breath tests.

Are you facing charges for Driving Under the Influence of alcohol? If you submitted to a breath test, you need an experienced Wellsburg DUI attorney who understands these machines inside and out. The Logue Criminal Defense team is prepared to provide the specialized knowledge and expertise required to challenge your charges.

At Logue Law Group, we serve clients in Wellsburg, as well as West Virginia and Ohio. We invite you to contact us for a free initial consultation today at (844) PITT-DUI. You can also reach out to us online.

Do not wait! A Driving Under the Influence charge carries severe penalties, and your freedom can be jeopardized by unreliable machines and improperly trained operators. The longer you delay in securing legal representation, the more difficult it becomes to get your charges reduced or dismissed. With Sean Logue and his associates at Logue Law Group, you will have a dedicated team fighting to help you get your life back. A Wellsburg criminal lawyer can guide you. Call us now to take the first step toward your defense.