Chemical Testing Introduction
The district attorney in your Pennsylvania DUI case will use the blood or breath test you took as a key piece of evidence against you. But a blood or breath test can be effectively challenged. The Pennsylvania DUI attorneys of Zachary B. Cooper, Attorney at Law, P.C. will thoroughly evaluate your chemical test results to determine the most promising challenges.
District attorneys often present chemical tests in Pennsylvania DUI cases as ironclad evidence of drunk driving, but they aren't always accurate. There are documented problems with every type of chemical test used in drunk driving cases, including roadside breath tests (also called PAS or PBT tests), stationhouse breath tests, blood tests, and urine tests.
Chemical tests used in driving under the influence of drugs (DUID) cases can be even more fraught with error. Drug tests search for metabolites in your blood or urine, not the drugs themselves. Because of the amount of time that many drugs remain in the body, a blood or urine test can show the presence of drugs in your system long after the effects of the drug have worn off. Fortunately, this allows your Pennsylvania DUI lawyer to challenge this evidence, because it may be difficult for the district attorney to prove beyond a reasonable doubt that you were driving with a prohibited level of a drug in your system.
Pennsylvania has an implied consent law, meaning that merely by driving in the state, you have automatically agreed to submit to a chemical test if arrested for drunk driving. If you refuse to take a chemical test after a lawful Pennsylvania DUI arrest, you face harsh consequences.
If you took a chemical test that showed a blood alcohol content (BAC) of .08 percent or greater, you may fear that a drunk driving conviction is inevitable, but that may not be true. The Pennsylvania DUI attorney of Zachary B. Cooper, Attorney at Law, P.C. will challenge your chemical test and attempt to create reasonable doubt as to your alleged guilt.