DUI Breath Test

If you have been arrested for DUI and submitted to a chemical breath test, there are many factors you should be aware of that may affect your DUI arrest, including breath test problems, permissible refusal of a breath test and penalties for refusing a breath test, and possible defenses to the use of breath tests as evidence in DUI cases.

Your criminal defense attorney may be able to fight the breath test results obtained in your case, and have them suppressed or excluded from evidence.

West Chester DUI Attorney Explains Breath Tests

Attorney Michael J. Skinner represents individuals charged with DUI and breath test refusals in West Chester, Pennsylvania, as well as the surrounding areas in Delaware County. An experienced attorney can help you through each step of the process, and help you obtain the best possible outcome for your situation. Contact the Skinner Law Firm today for a consultation regarding your DUI and ignition interlock device at (267) 388-3476.

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Problems with Pennsylvania's Intoxilyzer 5000

If you were arrested for DUI, and blew over the legal limit of .08%, you are not prevented from fighting the charges. The breath test machine used in Pennsylvania, called the Intoxilyzer 5000EN, does not always render accurate and reliable results. The results from these breath test machines can be inaccurate and unreliable.

Any number of circumstances can lead to increased readings, including:

• Irregularities in the calibration of the machine;
• Irregularities in the maintenance of the machine;
• Mistakes made by the breath test technician;
• Alcohol in mouth from dentures or dental work;
• Medical conditions, like fever, asthma, gerd or acid reflux;
• An unusual diet or fasting prior to breath testing; and
• Radio frequency interference from a cell phone or police radio.

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Penalties for DUI Breath Test Refusal

If a driver refuses to submit to chemical testing of their breath to determine Blood Alcohol Concentration (BAC), then Pennsylvania law imposes some of the most severe punishments according to Pennsylvania Statutes § 3804. These penalties can include:

• First DUI (no prior DUI convictions) with Chemical Breath Test Refusal:
• Imprisonment of at least 72 hours;
• Pay a fine between $1,000 and $5,000;
• Ignition interlock installed for one year;
• A 12 month driver's license suspension;
• Successfully complete the alcohol highway safety school; and
• Complete an alcohol or drug treatment, if ordered.

• Second DUI (one prior DUI conviction) with Chemical Breath Test Refusal:
• A minimum of 90 days in prison;
• Pay at least a $1,500 fine up to $10,000;
• Ignition interlock installed for one year;
• An 18 month driver's license suspension;
• Successfully complete the alcohol highway safety school; and
• Complete an alcohol or drug treatment, if ordered.

• Third DUI (two prior DUI convictions) with Chemical Breath Test Refusal:
• A minimum of one year in prison;
• Ignition interlock installed for one year;
• An 18 month driver's license suspension;
• Pay at least a $2,500 fine; and
• Complete an alcohol or drug treatment program, if ordered.

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Defenses to the Use of a Breath Test as DUI Evidence

As the Intoxilyzer 5000EN and other chemical breath tests are not 100% accurate, there are a variety of defenses your attorney may be able to use, depending on the circumstances surrounding your arrest. For example, the results of your breath test may have come about from violations of your constitutional protections, including:

• The officer illegally stopped or arrested you, or lacked probable cause to conduct a traffic stop of your vehicle;
• The officer lacked probable cause to make you exit your vehicle and perform a field sobriety test or take a chemical breath test; or
• After an investigation for DUI, the officer still lacked probable cause to arrest you for DUI.

  Women may have additional defenses, such as:

• Thin or petite women may have a skewed body partition ratio;
• A woman’s body temperature can inflate the breath test reading; and
• A woman’s lung capacity is different than a man’s, resulting in a lower ability to get a true BAC reading.

Even if the result are admitted at trial, your attorney may be able to argue the machine’s results were inaccurate, there were errors in the testing procedures and the margin of error in the test results creates a reasonable doubt in per se DUI cases.

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Skinner Law Firm | West Chester DUI Breath Test Attorney

If you were arrested for driving under the influence and submitted to a chemical test of your breath in Chester County, Delaware County, Berks County, Lancaster County, or Montgomery County, contact the Skinner Law Firm today for a consultation about your alleged offense. Attorney Michael J. Skinner is experienced and knowledgeable about Pennsylvania’s DUI laws, and will make every effort to help you avoid harsh penalties. Contact Michael J. Skinner of the Skinner Law Firm today at (267) 388-3476 about your breath test or breath test refusal.