Pennsylvania Breath Test Defenses

While breath tests are considered to be the most accurate method to determine a driver's blood alcohol content (BAC), they are far from flawless. If you have recently been charged with driving under the influence in Pennsylvania after failing a breathalyzer test, you should contact an experienced DUI defense attorney as soon as possible. An experienced defense attorney may be able to prove that your breath test was inaccurate.

In Pennsylvania, you may be charged with drunk-driving if you operate a vehicle with a BAC of 0.08 percent or higher. In order to determine your BAC, the officer will ask you to take a blood, breath, or urine test (with breath being the most common).

While many believe that a breath test can measure the amount of alcohol in your blood, this is not the case. A breath test simply measures the alcohol on your breath, and based on this information calculates an estimate of how much alcohol must be in your blood. It other words, it does not provide an exact measurement.

Because breath-test machines only estimate your BAC, the results may be greatly skewed based on a number of factors. For example, the machine assumes that your breath to blood ratio is 2100:1; if your ratio is different than this, your actual BAC could vary from .05 percent to .11 percent even if your test result showed .08 percent.

There are other factors that may produce a false reading. The driver's age, height, and weight should be taken into account when administering a breathalyzer test. Breath spray, mints, and certain tobacco products can register as alcohol on your breath. There are also several physical conditions, such as acid reflux, that can negatively affect your results.

In addition, the breath-testing machine itself could give you incorrect results. If the machine was not properly maintained or calibrated, the results from your test may be invalid. Similarly, if the officer was not trained properly on how to administer the breath test, the reading may be inaccurate.

To discuss your breathalyzer results, contact our Pennsylvania DUI Defense Lawyers today. We know breath tests inside and out, in fact, we are published authors on the subject of chemical testing.