Pennsylvania Breathalyzer Test

Before you plead guilty to DUI because you failed your breath test, stop, take a deep breath and contact our lawyers immediately. Because we are experienced and specialize in DUI defense, we know that there are many, many ways to defend and disprove the so-called “failure” of your breath test results. And just so you realize we’re not blowing just a bunch of hot air, here are some of the ways to successfully defend your breath test results.

First and foremost, the police officer that administered the breath test must be properly trained on that specific machine. For example, officers need to let the machine “warm up” and reach a certain temperature before it will operate correctly. The officer must also make sure that your breath test sample was from deep in your lungs and not just a reading of the alcohol found on your breath, which could have been from mints or even gum!

Assuming that the officer did everything correctly, that does not mean that the machine did. Breath test machines must be calibrated properly, cleaned regularly and be maintained in perfect working order. Even if the machine was working properly, outside factors can affect your breath test results. Did you know that if you have gum disease, bronchitis, are running a fever, have asthma or a number of different issues, these factors can influence your breath test results? Sometimes if you are breathing in gas or vapors while outside (such as from paint or varnish fumes or other chemicals in the air) this can change your breath test results.

The officer is also required to observe you before you take the test to ensure you do not do anything that might affect the outcome of your test results. If you put on lip balm, had the hiccups, were experiencing heartburn or vomited before the test, this will cause your readings to be higher. Last but certainly not least, breath tests assume a ratio of 2100:1 blood to breath, which may not be scientifically accurate or reliable.

For all of these reasons and more, you should not plead guilty to DUI for failing a breath test without first seeking the advice of an experienced attorney.