When you are driving home after a nice dinner with friends or following your graveyard shift, the last thing you anticipate is seeing flashing lights behind you. However, matters may only be made worse when you are asked to take a breathalyzer test. Unfortunately, it’s not uncommon for these devices to malfunction and produce false readings, which can land you in handcuffs facing a DUI charge. If this is the case, it’s in your best interest to connect with an experienced DUI lawyer in Montgomery County, PA, to discuss your circumstances and the potential ways in which your attorney can challenge the outcome of the breathalyzer tests.

What Are Breathalyzer Tests Under Pennsylvania Law?

A breathalyzer test is a form of chemical testing to determine a driver’s blood alcohol concentration. This is often used when a police officer has reason to believe someone is driving after consuming alcohol. The BAC for a DUI in Pennsylvania, under 75 Pa.C.S. § 3802, is 0.08% or higher, but you can face charges if your BAC is less than this legal limit. This occurs when your BAC is high enough that the officer determines that you are inebriated and incapable of safely operating a moving vehicle.

How Breathalyzer Tests Work

  • These devices measure alcohol content in a breath sample to estimate BAC
  • Uses infrared spectroscopy or fuel sensor technology
  • Requires a controlled testing environment
  • Must adhere to observation period rules
  • Results may be impacted by external factors and physiological issues

Can You Legally Challenge a Breathalyzer Test in Pennsylvania?

Yes, the outcome of a breathalyzer test can be challenged in court. This is because the results of these tests are considered evidence, not automatic proof that someone is guilty. As such, your attorney may file a motion to have the evidence suppressed if legal or procedural violations are present

In Pennsylvania, courts require proof that the test was administered properly, the device was calibrated correctly, and the officer had a certification to perform the test in order for the results of the breathalyzer to be admissible in court.

Most Common Legal Grounds for a Challenge

  • Improper traffic stop (lack of probable cause or reasonable suspicion)
  • Failure to adhere to the required observation period before administering the test
  • The officer was not certified to administer the test
  • The device was improperly calibrated or defective
  • There were medical issues or environmental interference

Was the Traffic Stop Itself Lawful?

Before administering a breath test, the officer must have reasonable suspicion to initiate a traffic stop. It’s imperative to understand that you cannot be stopped at random, as this is a violation of your constitutional rights. As such, if the court determines that the stop violated constitutional protections against unreasonable search and seizure, any evidence obtained, including breathalyzer results, can be excluded from trial.

Signs a Stop May Be Improper

  • There was no observed violation
  • There was no proper roadblock set up
  • The basis of the stop is vague or unsupported
  • There is no articulable suspicion of impairment

Did the Officer Follow Proper Testing Procedures?

Pennsylvania law and the Department of Health implement strict testing protocols. If an officer, whether from a local department like the Whitpain Township or Norristown Police Departments, or even a Montgomery County Sheriff’s Officer, fails to adhere to these procedures, the results may be unreliable. Because these are governed by state regulations, protocols will apply regardless of where the traffic stop takes place. Additionally, the prosecution must show that the officer complied with these regulations in order for them to be used during trial.

Procedural Errors That May Invalidate Testing Results

  • Failure to observe the driver for the required 20-minute testing period
  • Allowing burping or vomiting during the observation period
  • Failure to ensure that no foreign substances were in the mouth
  • Improperly instructing the driver
  • Not conducting duplicate testing

Could the Device Have Been Malfunctioning?

Breathing test devices are subject to strict maintenance and calibration schedules. Failure to ensure that the devices are functioning properly can result in inaccurate results. As such, these devices are required to meet strict regulatory requirements in accordance with Pennsylvania law.

Device-Related Grounds for Challenges

  • Software error
  • Use of a non-approved model
  • Missing inspection or maintenance
  • Outdated calibration

Can Medications or Medical Conditions Impact Results?

Finally, you’ll discover that certain medical conditions, like acid reflux or diabetes, can be mistaken for ethanol when using these devices. As such, if you can show that you have these medical conditions, your attorney may be able to argue that you were not intoxicated, but rather the device picked up a false reading because of your medical conditions.

In addition, certain medications may produce similar chemical reactions as alcohol, resulting in false readings.

Medications and External Factors That Can Cause Interference

  • Cough syrups that contain alcohol
  • Asthma inhalers
  • Oral pain medications
  • High-protein or low-carbohydrate diets

What Happens if a Breath Test Is Successfully Challenged in Montgomery County?

In the event you are able to have the evidence obtained from a breathalyzer device successfully excluded from court, the prosecution must rely on other evidence obtained, like the observations of the officer or the results of field sobriety tests. In some instances, without the results of a breathalyzer test, the prosecution’s case against an alleged drunk driver will significantly weaken.

Possible Outcomes After Suspension

  • Charges are reduces
  • Charges are dismissed
  • Negotiated pleas reduced the offense
  • The case will proceed based on other evidence

Pennsylvania’s Implied Consent Laws

Pennsylvania, like all states, has implied consent laws. This means, by operating a vehicle on public roadways in the Commonwealth, you agree to chemical testing. As such, if you refuse, you will face an automatic administrative license suspension, even if the DUI charges against you are dismissed.

Important Considerations

  • Refusal suspension is separate from a criminal DUI case, as these are handled by the PennDOT
  • Refusal penalties last 12-18 months
  • Prior offenses can increase the length of your suspension
  • Appeals can be filed, so long as strict deadlines are met

Contact an Experienced Blue Bell Criminal Defense Attorney Today

As you can see, fighting a breathalyzer test can be difficult. That is why it’s in your best interest to connect with an experienced attorney. At Mudrick & Zucker, P.C., we understand that these matters can be overwhelming. That is why we are committed to fighting for the best outcome for you. Contact us today to learn more.