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?
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 is 0.08% or higher, but you can face charges if your BAC is less than this legal limit, but still high enough where the officer determines that you are inebriated and incapable of safely operating a moving vehicle.
To use a breathalyzer device, you’ll blow into a small tube attached to the device, which will then measure the amount of ethanol on your breath. The ethanol will then react with a catalyst, creating a current. The strength of this current will then determine someone’s BAC.
You should note that Pennsylvania, like all states, has implied consent laws. Essentially, this means that by operating a motor vehicle on roads within the state, you are consenting to chemical testing in the event you are pulled over. As such, if you refuse, your license will be suspended.
On What Grounds Can This Be Challenged?
While it may seem like the results of these devices cannot be challenged, it’s imperative to understand that working with an attorney can help you fight to have the outcome of this test deemed insufficient, if not inadmissible. One of the most common grounds that an attorney may challenge the outcome of this kind of test is that the officer who conducted the test was not properly trained on how to do so or did not administer the test correctly. As such, this can skew the results.
However, you’ll also find that if the device is malfunctioning or otherwise defective, it can produce an incorrect test result, making it appear as if you are much more intoxicated than you actually are. This can also be the case if the device is not properly calibrated.
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.
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.
