A failed breath test can make a DUI arrest feel like a foregone conclusion, particularly when the number on the machine sits above the legal limit. Yet breathalyzer results are frequently less reliable than prosecutors suggest, and Pennsylvania law provides several avenues for contesting them in court.
Why the test is not the final word
Pennsylvania’s implied consent law, 75 Pa. C.S. § 1547, requires drivers to submit to chemical testing after a lawful DUI arrest. The word “lawful” matters here. If the officer lacked reasonable grounds to stop or arrest you, a court could suppress the results. Evidence gathered from an unlawful stop may become inadmissible.
Common testing and procedure errors
Several flaws could weaken a breath test result. Here’s what you need to know:
- Calibration gaps: The device must be maintained, tested and calibrated under state rules.
- Operator training: The officer must hold valid certification for the specific machine used.
- Observation period: Police must watch you for 20 continuous minutes before the test.
A break in any of these steps could give your defense an opening. Your attorney can request maintenance records and certification documents to look for problems.
Medical and physical factors
Certain readings spike for reasons unrelated to alcohol consumption. Conditions such as GERD, heartburn or acid reflux can force stomach alcohol into the oral cavity, producing “mouth alcohol” that registers as a falsely elevated reading. Low-carbohydrate diets may generate compounds a machine could misinterpret as ethanol. Airbag dust or chemical fumes inhaled after a collision might similarly compromise the sample.
These issues matter because a reading at or above .08% BAC often forms the core of the state’s case. If that number is unreliable, the case against you may weaken or fall apart.
What a closer look at the evidence can reveal
Breath test results depend on a lawful stop, a calibrated machine and a trained operator. Medical conditions and outside factors can also distort the number the prosecution relies on. Knowing these weak points helps you judge whether the evidence against you truly holds up. The work behind building a DUI defense often starts with these records. If your case involves disputed test results or additional charges, an attorney’s input may help.
