DUI law
Chemical Test Information
Chemical Testing for DUI in Pennsylvania
In Pennsylvania, chemical testing can be done by taking a breath or blood sample. Although blood testing is much more accurate, due to the high cost of the testing, breath tests are often used.
In the materials below, you can find information regarding both types of tests. Specifically, you can find out whether or not the test results you received are accurate or not. In many cases, test results need to be “normalized” due to the characteristics of the person tested.
Your last meal, whether or not you have the flu, and even gum disease, can have dramatic effects on the results of the chemical tests. Select the type of test you were given below to learn more.
A lawyer’s knowledge in this area of DUI litigation can be the difference between a conviction and being found not guilty. As always, you can reach us at any time to discuss this in person by email or at 412-722-7171.
Blood Testing
Just because a blood test was given does not mean a conviction will follow. Blood tests, like all scientific tests are subject to error. You need an attorney who knows what to look for when analyzing blood tests. The following are some of the things that must be looked into when defending against blood test results.
Serum Results versus Whole Blood Results
- Has the blood result been converted to the proper format? There are several different blood tests and the results of the different tests cannot be compared without converting the results to a common format. Many times test results are listed as serum test results. These results need to be converted in order for a true reading to be determined.
- Accuracy
- Standard Deviation
- All test results are subject to a standard deviation. This means that the results that the test produced are not necessarily the same as the level of alcohol in your blood. Only after you factor in the standard deviation can you determine whether the Commonwealth can find you guilty of Driving under the influence.
- Many breath tests machines exist and all of them have a different standard deviation. Only once it is determined what type of machinery you were tested on can the standard deviation be determined. This standard deviation can make a huge difference in many cases. Call us now to find out how this can make a difference in your case.
- Defenses Against Blood Tests
- Was the skin swabbed with any products containing alcohol? This can contaminate the result.
- Was the blood test taken with 2 hours of the driving? If not the results may be no good.
- Was the blood sample allowed to ferment, creating additional alcohol in the sample? This can be caused when an insufficient amount of preservative is used in the sample, or when the there is a delay between the blood braw and the blood analysis.
- Was the blood sample analyzed actually your blood sample? We need to inquire into the “chain of custody” to insure the sample was actually your sample.
- Was the facility used to analyze your blood on the list of authorized facilities?
- Was the individual who drew your blood certified to do so?
- Was the individual who analyzed your blood certified to do so?
Breath Tests
Accuracy
- Medical Conditions
You may not be a proper subject for breath testing. If you have any of the following conditions, the results of your breath test analysis may not be accurate:- Gastric reflux, Irritated Bowel Syndrome, Heartburn, or Acid Reflux Syndrome diagnosed and treated before date of arrest;
- Dental condition (some examples are periodontal (gum) disease, faulty bridgework, gingivitis, pockets around roots, dentures;
- Respiratory problems such as asthma, bronchitis, emphysema, chronic obstructive pulmonary disease, or other lung disease
- Diabetes
- Flu
- Fever
- Pre-Menstrual/Menstrual
- Accidents With Air Bags
- Consumption prior to testing
- Spicy or highly acidic foods consumed within a very short period before testing
- Unintentional alcohol in the breath from Nyquil, lip balms, cough drops, snuff, mints, and any other substance in the mouth containing alcohol.
- If you have been on a high protein diet and have only recently introduced carbohydrates, your results may have to be normalized for "auto-brewery" syndrome.
- Standard Deviation
- All test results are subject to a standard deviation. This means that the results that the test produced are not necessarily the same as the level of alcohol in your blood. Only after you factor in the standard deviation can you determine whether the Commonwealth can find you guilty of Driving under the influence.
- Many breath tests machines exist and all of them have a different standard deviation. Only once it is determined what type of machinery you were tested on can the standard deviation be determined. This standard deviation can make a huge difference in many cases. Call us now to find out how this can make a difference in your case.
Defenses Against Breath Tests
- Insufficient or broken observation period;
- In order for a valid breath test, the test subject must remain under continuous observation for 15 minutes before the first breath sample. If this was not done, then it cannot be proven that the Defendant did not ingest anything that could have thrown off the test results. If you were left alone at anytime within the 15 minute period before the test, there was a broken observation period.
- During those 15 minutes before the test, you burp, belch or have slight regurgitation of gas that is relatively quiet.
- Vomiting, belching within 15 minutes of test - no rinsing of mouth, or inadequate deprivation period before retest.
- Interferrence with the breath testing machinery
- The breath test room or circuitry has a problem (e.g. Radio Frequency Interference from a cell phone, officer's radio, copy machine or other equipment with surge capabilities) which may cause machine to give artificially high reading; smoking in or near machine; shared power supply with heater or other appliance - must be dedicated "clean" electrical source; or recently painted walls or trim).
- Malfunctioning breath testing equipment
- Improper or out of agreement tests, without follow-up tests to correct [both results must be within 0.02% of each other].
- Human Error
- Officer not trained or marginally trained in the operation of the breath testing equipment
- Officer fails to follow manual or training protocol.
- Breath test operator gets first BAC results, which will not support a .08% per se case, then waits a few more minutes and retests, obtaining a reading above the per se limit.
- Elevated breath temperature
- This can be caused by many factors including some of the medical conditions described above. In addition, this can be caused by prolonged exposure to very hot environments, such as hot tubs, saunas, or very crowded places
- State fails to prove that results were obtained within the 2 hour statutorily imposed time (2 hours after driving ended) in order to invoke rebuttable presumption that your BAC was at or over the limit at time of driving.
- You can prove sufficient alcohol was consumed after driving ended.
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