Understanding Breath Tests in DUI Cases

Breath Tests

When someone is suspected of driving under the influence (DUI), police officers may request a chemical test to check the driver’s blood alcohol content (BAC). A common method involves using a breath test. Police can use either portable or stationary devices for this. Before the test, the driver will receive a DL – 26 form, known as the “O’Connell warning,” which acts as an implied consent statement. It’s important to know that these devices can have issues. If someone agrees to the test and their BAC is 0.08 or higher, they may be charged with DUI. However, errors by device operators or technical problems can sometimes lead to these charges being dropped.

Pennsylvania Breath Tests and How They Work

Types of Breath Tests

1. Portable or Preliminary Breath Tests (PBT):
   • Conducted by law enforcement officers at the roadside.
   • Common devices include Intoxilyzer 500, AlcoCheck, and BACmaster.
   • The driver blows into the device, and results may be used as probable cause for further testing.
   • Displays results on an LCD screen but does not provide printouts.
   • The driver can refuse this test, and its results are not admissible in court.
2. Evidential or Stationary Breath Tests (EBT):
   • Conducted at police stations using larger machines.
   • Refusal to take this test can result in severe penalties.
   • Requires multiple breath samples for reliability according to PennDOT regulations.
   • Prints out results that can be used as evidence in court.
   • Approved machines include Alco test, DataMaster, and Breathalyzer models.

Errors in Breath Test Machines

Breath test machines are generally seen as accurate, but various issues can produce false positives. Some common problems include:

• Software glitches or bugs.
• Environmental factors.
• Electromagnetic interference (EMI) or radio frequency interference (RFI).
• Overestimation of BAC due to assumed blood breath partition ratio.
• Improper maintenance.
• Inclusion of non-ethyl alcohol substances in test results.

Breath Test Operator Mistakes

The accuracy of breath test devices depends heavily on the operator’s expertise. Mistakes or oversights can lead to the dismissal of DUI charges due to unreliable BAC evidence. Key mistakes may include:

• Test administered by a non-certified officer.
• Conducting the test during peak absorption period.
• Significant variation in BAC samples.
• Failure to collect samples within the required time frame.
• Neglecting the mandatory observation period.
• Inadequate calibration of the breath test machine.

Breath Test Machines in DUI Cases

In Pennsylvania, three machines are used in DUI cases to assess breath for alcohol impairment:

• Intoxilyzer 8000
• DataMaster
• Intoxilyzer 5000

 Kittanning DUI attorneys handling DUI cases need a comprehensive understanding of each machine, as each operates differently and has unique programming. Kittanning criminal attorneys must scrutinize the qualifications of law enforcement officers, state troopers, and other machine operators to mount successful defenses.

When defending clients against breath test-based DUI charges, Kittanning DUI attorneys analyze two main aspects:

1. Calibration of the Machine:
   • When was the calibration completed?
   • Who performed the calibration and were they trained?
2. Operator Qualifications:
   • Is the operator licensed and current with training?
   • Was the test conducted correctly?

Operator error can significantly increase dismissal chances. Many machines in Pennsylvania have proven defective, making it feasible to suppress BAC readings or dismiss them entirely. Consequently, blood tests are more commonly used than breath tests.

Need Legal Help?

Facing DUI charges after a breath test? You need an experienced Kittanning criminal attorney who knows the ins and outs of breath test machines. The Logue Law Group is here to help.

We proudly serve Kittanning, West Virginia, and Ohio. Take advantage of our free initial consultation by contacting us today at (844) PITT-DUI or online.

Don’t delay! DUI charges carry serious consequences. Unreliable machines and poorly trained operators can jeopardize your freedom. The longer you wait, the harder it becomes to reduce or dismiss your charges. With Sean Logue and his associates, you’ll have a dedicated team working to get your life back on track. Call now and take the first step!.