Breath Tests

When law enforcement suspects an individual of driving under the influence, they often request a chemical test to determine the driver’s blood alcohol concentration (BAC). One of the common tests used involves analyzing the driver’s breath. These tests can be conducted using either portable or stationary devices. Before carrying out a test, officers provide the driver with a DL-26 form, commonly known as the “O’Connell warning,” which acts as an implied consent notice.

While these tests are widely used, it is important to understand that both the devices and their operation can involve errors. If a person consents to a breath test and the result shows a BAC of 0.08 or higher, they will face DUI charges. However, mistakes by the device operators or technical malfunctions could lead to the dismissal of such charges. If you’re facing any such challenges, hiring an experienced Erie DUI attorney is crucial for navigating these situations effectively.

Breath Tests in Erie County and How They Operate

Two Types of Breath Tests

Law enforcement in Erie County generally relies on two distinct methods to conduct breath tests:

1. Portable or Preliminary Breath Tests (PBT)

These tests are performed roadside by law enforcement officers to evaluate suspected drunk drivers. Popular devices include the Intoxilyzer 500, AlcoCheck, and BACmaster. The suspected individual is asked to blow into the portable device, which provides results on an LCD screen. While these results can serve as probable cause for further testing, they are inadmissible in court. Drivers have the option to decline this test.

2. Evidential or Stationary Breath Tests (EBT)

Stationary breath tests are performed using larger devices located within police stations. Machines approved for use in Erie County include Alco Test, DataMaster, and Breathalyzer models. These tests involve collecting multiple breath samples to ensure accuracy. Refusal to undergo this test, however, results in serious penalties. Results from evidential breath tests are admissible in court, forming critical evidence in DUI charges.

If you have undergone a breath test and need legal advice, reaching out to an Erie criminal lawyer at Logue Law Group can be the best course of action.

Common Breath Test Errors

Breath test machines, while considered reliable, are not immune to errors. Various factors can produce false positives or inaccuracies, jeopardizing the validity of results. Below are common reasons for inaccuracies in breath test results:

• Software glitches or bugs in the machines
• Environmental factors affecting results, such as temperature changes
• Electromagnetic interference (EMI) or radio frequency interference (RFI)
• Overestimated BAC levels due to assumed blood-breath partition ratios
• Non-ethyl alcohol substances falsely detected in the breath sample
• Poor machine maintenance and calibration

Such errors can make a significant difference, particularly when defending DUI cases in Erie County. When faced with charges, it helps to have an Erie DUI attorney who understands how these flaws can impact your case.

Operator Errors in Breath Tests

The accuracy of any breath test is heavily dependent on the training and expertise of its operator. Mistakes made during the process may lead to BAC results being excluded from evidence, potentially resulting in the dismissal of DUI charges. Some common operator errors include:

• Conducting the test during a time when absorption of alcohol is at its peak
• Administering the test despite lacking proper certification
• Failing to collect samples within the legally required time frame
• Skipping mandatory observation periods before conducting the test
• Using breath test machines that lack adequate calibration
• Significant differences in sample measurements

Understanding these mistakes can provide valuable insights when contesting DUI charges. Choosing a Erie criminal lawyer like one from Logue Law Group, experienced in analyzing these issues, can provide a critical advantage.

Breath Test Machines in Erie DUI Cases

Erie County law enforcement typically relies on three breath test machines for DUI assessments:

• Intoxilyzer 8000
• DataMaster
• Intoxilyzer 5000

Each of these devices operates differently, with unique programming and functionality. For this reason, DUI attorneys in Erie County must have a detailed understanding of these machines to better defend their clients. Effective defense strategies often involve meticulous scrutiny of device calibration records and the operator’s credentials.

Key Defense Factors

Machine Calibration

The accuracy of breath tests often hinges on proper machine calibration. Attorneys examine:

• The date of the machine’s last calibration
• Whether the calibration was conducted by a qualified technician
• Whether that technician received adequate training

Operator Expertise

Even the best machines become unreliable if mishandled by operators. Questions posed by attorneys often include:

• Is the operator certified with a valid license?
• Has the operator received recent training on machine advancements?
• Was the test conducted properly, in compliance with established procedures?

Mistakes by breath test operators are among the top reasons DUI cases are dismissed. Thankfully, many of the machines used in Erie have been proven defective or unreliable, as recognized by a Supreme Court ruling. This opens the door for BAC readings from breath tests to be suppressed in court.

The Role of Blood Tests in DUI Cases

Although breath tests remain common, blood tests are often utilized for more accurate BAC readings in DUI cases. Blood tests provide a higher standard of reliability, making it more challenging to dismiss evidence. If you face DUI charges based on breath or blood test results, the lawyers at Logue Law Group can help evaluate the circumstances of your case.

Contact Logue Law Group for Expert DUI Defense

Are you facing DUI charges that stem from a breath test in Erie County? The experienced team at Logue Law Group is here to fight for your rights. With extensive knowledge of Erie’s DUI laws, breath test devices, and operator regulations, our attorneys are prepared to provide a robust defense.

We proudly serve Erie, West Virginia, and Ohio. Take advantage of our free initial consultation to discuss your case with a qualified Erie DUI attorney.

Call us now at (844) PITT-DUI or reach out online to schedule your consultation.

Unreliable devices and improperly trained operators shouldn’t undermine your freedom. Act today to give yourself the best chance of reducing or dismissing your DUI charges. With Logue Law Group, you’ll have a dedicated team working tirelessly to protect your rights. Don’t delay the help you deserve!