Breath Tests

Pennsylvania DUI investigations may involve a roadside preliminary breath test and a later evidentiary breath test. They serve different purposes and have different refusal consequences. Logue Law Group reviews the testing request, the device and operator records, and the other evidence before evaluating a breath-test defense.

Pennsylvania Breath Tests and How They Work

Identify which test was requested, when it occurred, and what warnings were given. Do not assume every device described as a breathalyzer is an evidentiary test or that every refusal has the same legal effect.

Preliminary breath tests (PBT): A roadside test helps an officer decide whether to arrest for suspected DUI. Under § 1547(k), refusing this preliminary test is not treated as a refusal for the civil suspension and refusal-evidence provisions identified in that subsection. The roadside reading is different from an evidentiary BAC result used to prove a charged BAC offense.

Evidentiary breath tests: Following a DUI arrest, police may request an evidentiary chemical breath test and must give the required refusal warnings. Qualifying refusal can trigger a civil suspension and affect criminal sentencing. See our license suspension information. The device, operator, and procedures must satisfy the applicable requirements.

Errors in Breath Test Machines

A defense review should focus on the actual device and records. A general concern about breath testing does not establish that a particular result is unreliable. Records and expert analysis may identify issues involving:

• Instrument approval and model-specific requirements
• Accuracy inspections and calibration history
• Maintenance records and documented malfunctions
• Test printouts and device error messages
• Applicable manufacturer operating procedures
• Whether expert interpretation would help explain the particular result

Breath Test Operator Mistakes

Pennsylvania’s breath-test procedures in 67 Pa. Code § 77.24 require at least 20 consecutive minutes of observation before the first alcohol breath test and testing by a certified operator. The procedures include two consecutive actual breath tests and a simulator test. The lower actual result is used for prosecution; specified discrepancies or simulator failures require the results to be disregarded and the device removed from service. Relevant issues include:

• Operator certification
• The documented observation period
• Completion of the required test sequence
• The difference between the two actual results
• The simulator result
• Collection timing in relation to the charged offense

Breath Test Machines in DUI Cases

The machine’s brand name alone does not determine admissibility. Counsel should identify the exact approved model, the relevant maintenance and accuracy records, the manufacturer’s procedures, and the records for the test in your case.

Our DUI defense team can compare the machine printouts and supporting logs with the officer’s report and available video. We review whether the recorded procedure supports the reported result.

We also assess operator qualifications, the observation period, and compliance with the required testing sequence. A demonstrated problem may support an evidentiary challenge, but the available remedy depends on the facts, the rule violated, and the charges filed.

There is no blanket rule that Pennsylvania breath machines are defective or that a breath result is easily dismissed. Even if a BAC result is excluded, other evidence may support an impairment-based charge. Our review considers the entire case, including the stop, observations, and any blood testing.

If you took a breath test, preserve your paperwork and write down the timing and circumstances while they are fresh. Tell counsel about relevant medical conditions or problems providing a sample. These issues require evidence and case-specific review; they do not automatically excuse a refusal.

For a free consultation about a Pennsylvania DUI breath test, call 412.387.6901 or contact Logue Law Group online. We represent Pittsburgh-area clients and review Ohio or West Virginia matters under the applicable state’s law.

For related information, review our DUI traffic-stop FAQs and first-offense DUI and ARD guidance. Bring your charging documents, test records, and any PennDOT notice to your consultation.