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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.
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 (610) 436-1410.
If you were arrested for DUI and blew over the legal limit of .08%, you are not prevented from fighting the charges. Breath test machines in Pennsylvania do not always render accurate and reliable results. The results from these breath test machines can be inaccurate and unreliable, and sometimes ultimately inadmissible in a criminal proceeding.
Any number of circumstances can lead to increased readings, including:
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:
An individual who refuses to submit to a breath test to determine blood alcohol concentration (BAC) faces the most severe penalties for DUI offenses.
A first offense DUI conviction involving a refusal to submit to a breath test is a misdemeanor and, if convicted, an individual faces the following mandatory sentence:
An individual who refuses to submit to a breath test also faces severe license suspension consequences. In addition to the above license suspension, a refusal to submit to a breath test carries an additional one year (possibly 18 months) driver’s license suspension.
Because breath test devices are not 100% accurate, there are a variety of defenses an attorney may be able to use, depending on the circumstances surrounding your arrest. In addition to attacking the reliability of the breath test results, the results of your breath test may have come about from violations of your constitutional rights and other statutory protections, including:
Women may have additional defenses, such as:
If you were arrested for driving under the influence and submitted to a chemical test of your breath in Chester County, Delaware County, or any other surrounding 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, including the administrator and collection of breath test results. He will make every effort to help you avoid harsh penalties. Call (610) 436-1410 about your breath test or breath test refusal.