Breath Test Machines in DUI Cases
There are three machines used across the Commonwealth of Pennsylvania to test a person’s breath to determine if they have been driving under the influence of alcohol: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. Lawyers who handle Driving Under the Influence cases need to be familiar with each one of them. Each brand and model of machine is operated differently than the others, and is programmed in a different way. Attorneys need to be able to question police officers, state troopers, and others who operate the machines as to their methods and qualifications in order to successfully defend their clients.
A well-trained DUI attorney will look at a couple different things when defending a client against charges that he or she was driving under the influence, based on breath tests. The first is the calibration of the breath test machine that was used. When was the calibration last completed? Who calibrated it? Was the person trained to do so? Was the machine calibrated properly?
The second thing a DUI attorney will look at is the machine operator. Is his license still good, or has it expired? Has he kept up with ongoing training in the use of and advances made on the machine? Did he operate the machine properly when he tested the individual? This is probably the most important thing for an attorney to look at in these cases. Operator error is the most likely thing to get a case dropped.
The good news for DUI defendants is that many breath test machines used in Pennsylvania have become defective. A State Supreme Court case a few years ago ruled that they were ineffective, so, if you have been given a breath test, it will be relatively easy to get the Blood Alcohol Concentration readings from the machine suppressed, or the case thrown out altogether. It is more likely, though, that a blood test will be used than a breath test.
Have you been stopped for Driving Under the Influence of alcohol and been given a breath test? Are you looking for an experienced Pittsburgh DUI attorney who has the training and knowledge to understand how breath test machines work? If so, look no further. The Logue Criminal Defense team has the training in and understanding of breath test machines and DUI defense that you need to help you beat your charges.
Logue Law serves Pittsburgh, PA, West Virginia, and Ohio. Call us today for an initial consultation, free of charge: 1-844-PITT-DUI or (412) 389-0805. Or, you may contact us online.
Don’t wait to call! Driving Under the Influence charges have very serious consequences, and unreliable, improperly utilized machines and poorly trained machine operators can come between you and your freedom. The longer you wait to hire an attorney, the more difficult it becomes for you to beat your charges and get them dismissed, or at least, reduced. Sean Logue and his associates at Logue Law are waiting to help you get your life back by defending you against your DUI charges and the results of breath tests. Call now!