What breath test results mean in Pennsylvania

On Behalf of | Jun 2, 2022 | DUI

As with many states, any individual driving under the influence of alcohol is subject to steep fines, jail time or revocation of a license. Though the consequences are dependent upon the number of offenses and the severity of the offense, there is no situation where a DUI charge is favorable.

Though a DUI case is unique to the individual involved, there are standard processes to expect if pulled over for possible drunk driving. A field sobriety test and breath test are key elements of determining DUI charges.

Implied consent

Few Pennsylvania drivers realize they are subject to the state’s Implied Consent Law. This law applies once a person receives a PA driver’s license. The driver maintains an agreement with the state that they will submit to blood alcohol content testing whenever requested by law enforcement. Refusing to take a breath test will cause an automatic one-year suspension of a license. Even if DUI charges do not materialize or there is a not guilty verdict, the suspension is still applicable as it comes directly from the PA DOT and not law enforcement.

Administration requirements

The state code requires a breath test to include a minimum of two consecutive breath tests but a certified breath test operator. The lower of the two breath tests is the result used for prosecution. Under the law, the legal limit is 0.08% for BAC. The severity of the DUI charge depends on the test reading.

Knowing your responsibilities and your rights will make a difference when facing a possible DUI charge. The best advice for any situation is to avoid drunk driving and comply with law enforcement requests.