Evidential Breath Testing

Police investigating Pennsylvania DUI cases typically require drivers to submit to a breath or blood test. You may worry that a breath test that showed a blood alcohol content (BAC) of .08 percent or greater means an automatic conviction, but that's not necessarily true. The Pennsylvania DUI attorneys at Levow & Associates may be able to successfully challenge the results of your breath test in your Pennsylvania drunk driving case.

There are several possible ways to challenge your breath test results in your Pennsylvania DUI case. One import factor is how much time passed between the time you were driving and the time your breath test was administered. This is extremely relevant because it's possible that your BAC continued to rise after the police stopped you and before you were tested.

Even if your breath test showed that you were over the limit, you may not have been legally impaired when you were actually driving, because the body continues to absorb alcohol after you stop drinking.

The breath testing must have occurred within two hours from the time of driving. If not, the breath tests cannot be used as evidence against you, unless the district attorney can show why the testing did not occur within this reasonable time period, and that you did not have any additional alcohol during that time.

The administration of your breath test may also be open to challenge. There are strict protocols governing the administration of breath testing, and those guidelines may not have been followed or the police officer who administered the test may not have been trained correctly.

Breath testing machines must be carefully maintained and calibrated to deliver accurate results. Your Pennsylvania DUI attorney may request documentation of all accuracy checks, calibration records, usage logs and maintenance history to look for problems that may have given an inflated result in your breath test.

The Pennsylvania DUI attorneys at Levow & Associates are well-versed in all of the potential challenges to breath tests in drunk driving cases. They will pursue every possible option in challenging your breath test results. To learn more about potential defense strategies in your Pennsylvania drunk driving case, contact us today for a free consultation.