Breath Tests in PA

Tullytown DUI Breath Tests Lawyer

With Offices in Bensalem, PA

Do not assume that a positive breath test means you can’t fight your DUI charge. The breath testing device used in Pennsylvania is the Intoxilyzer 5000EN. This machine has been proven to be inaccurate on a number of occasions. An experienced lawyer can potentially challenge the breath test results in your case and get the evidence against you ruled inadmissible in court.

Kamensky Cohen & Riechelson is a well-respected law firm with tradition of success throughout Bucks County, including Morrisville, Warrington, and Durham. Our familiarity with local courtroom procedure gives us a major edge when fighting DUI charges because we have a unique understanding of how prosecutors handle these kinds of cases. Call KCR today to discuss your drunk driving charges.

Implied Consent for Breath Testing in Bucks County, PA

The legal limit in Pennsylvania is .08 percent blood alcohol concentration (BAC). As a result, everyone in Pennsylvania offers implied consent to submit to breath tests, blood tests, and urine tests. Anyone who refuses to take a breath test can be charged with Refusal and automatically lose their license for 1 year. Worse yet, you can still be charged with a DWI offense.

Pennsylvania Breath Testing Procedure

The first breath test that is administered after a traffic stop is a Portable Breath Test (PBT). This test is administered at the scene and is used to determine whether probable cause exists to place the driver under arrest. PBT results are not admissible in court as proof of intoxication.

The second breath test administered in DUI cases is the Intoxilyzer 5000EN. The Intoxilyzer is often referred to as a “Breathalyzer.” This breath test is typically administered at the police station. Once you are arrested on suspicion of drunk driving, you must consent to take this breath test or face Refusal charges.

Challenge Breath Test Results in Woodbourne, PA

Police must follow regulations, set forth by the Pennsylvania Department of Transportation (PennDOT), when administering breath tests:

  • 20-Minute Rule: A police officer or certified breath test operator must observe the driver for at least 20 consecutive minutes before administering the first breath test.
  • 2-Hour Rule: The breath test must be administered with two hours of the driver operating the vehicle. If too much time has passed since your vehicle was stopped, the breath tests results could be flawed. This is because the body continues to absorb alcohol long after a person has stopped drinking.
  • Multiple Samples: Two breath samples must be taken and they must be reasonably close in terms of BAC. This is to protect against a mistake in one of the tests.
  • Medical Condition: A driver with a medical condition such as asthma or acid reflux could register a false positive on a breath test. Respiratory conditions commonly result in breath test difficulties.
  • Weight: A driver’s body type and weight can also influence the results of a breath test. For example, a thin person is more likely to register a false positive.
  • Probable Cause for Vehicle Stop: If the police officer did not have probable cause to stop your vehicle in the first place, the breath test results may be inadmissible in court.
  • Reasonable Suspicion of DUI: The police officer must have reasonable suspicion that you were driving under the influence before they can request that you submit to a breath test.

Free Consultation with a Newtown DWI Attorney

Kamensky Cohen & Riechelson is committed to helping clients beat their DUI charges. We strive to provide clients with a strong defense and help them challenge the evidence in their cases. Call or email us to schedule a meeting at our office in Bensalem, PA.

Contact Kamensky Cohen & Riechelson

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