Understanding Breath Tests

When a police officer suspects impaired driving, they will often request a chemical test to determine the driver’s blood alcohol content (BAC). One common method is the breath test. Officers can use either portable or stationary devices for this purpose. Before conducting the test, they provide the driver with a DL – 26 form, also known as the “O’Connell warning,” which serves as an implied consent notice. It’s important to note that these devices have potential issues. However, if an individual consents and their BAC measures 0.08 or higher, they’ll be charged with DUI. Mistakes by operators or technical errors can sometimes result in the dismissal of charges.

Pennsylvania Breath Tests and Their Operation

Types of Breath Tests

In Pennsylvania, two primary types of breath tests are used:

Portable or Preliminary Breath Tests (PBT)

• Conducted on the roadside by law enforcement on suspected drunk drivers
• Common devices include Intoxilyzer 500, AlcoCheck, and BACmaster
• Drivers blow into the device; results may be used as probable cause for further testing
• Provides results on an LCD screen without printouts
• Drivers have the right to refuse the test; results are not admissible in court

Evidential or Stationary Breath Tests (EBT)

• Conducted using larger machines at police stations
• Refusal can lead to severe penalties
• PennDOT requires multiple breath samples for reliability
• Results are printed and can be used as evidence in court
• Approved machines include Alco test, DataMaster, and Breathalyzer models

Errors in Breath Test Machines

While breath test machines are generally considered accurate, they can produce false positives due to:

• Software glitches
• Environmental factors
• Electromagnetic or radio frequency interference
• Overestimation due to incorrect blood breath partition ratio
• Poor maintenance
• Inclusion of non-ethyl alcohol substances

Breath Test Operator Mistakes

The accuracy of these devices heavily relies on the operator’s expertise. Errors or oversights can lead to case dismissal, as BAC cannot be considered reliable evidence. Potential mistakes include:

• Tests administered by non-certified officers
• Testing during peak absorption periods
• Significant variations in BAC samples
• Delays in collecting breath samples
• Not adhering to the mandatory observation period
• Improper calibration of machines

Breath Test Machines in DUI Cases

In Pennsylvania’s DUI cases, three machines—Intoxilyzer 8000, DataMaster, and Intoxilyzer 5000—are used to assess alcohol impairment. Greensburg criminal attorneys handling DUI cases need comprehensive knowledge of each machine. Each brand and model has unique programming, and Greensburg DUI attorneys must scrutinize the methods and qualifications of law enforcement personnel to mount successful defenses.

Key Considerations in DUI Defense

• Machine Calibration:
• Verify the calibration date, the person responsible, and their qualifications
• Ensuring calibration accuracy is essential
• Machine Operator:
• Confirm licensing status and training updates
• Evaluate the correctness of the test administration

Operator errors significantly enhance the chances of case dismissal. Fortunately, many breath test machines in Pennsylvania have proven defective, as a State Supreme Court ruling highlighted their ineffectiveness. Thus, BAC readings from these machines can often be suppressed or dismissed. However, blood tests are more commonly used than breath tests.

Are you facing DUI charges? Have you taken a breath test and now need a seasoned Greensburg criminal attorney who comprehends breath test machines thoroughly? The Logue Criminal Defense team offers the expertise and knowledge needed to contest your charges.

Contact Logue Law Group

At Logue Law Group, we serve Greensburg, West Virginia, and Ohio. Benefit from our free initial consultation by reaching out today at (844) PITT-DUI. You can also contact us online.

Don’t Delay! DUI charges carry serious consequences, and unreliable machines or untrained operators can jeopardize your freedom. The quicker you secure legal representation, the better your chances of reducing or dismissing charges. With Sean Logue and his associates at Logue Law Group, you’ll have a dedicated team of Greensburg criminal lawyers to help you reclaim your life. Call now and take the first step!