Rogan Law Articles Pennsylvania Judge Rules Breathalyzers Inadequate

Pennsylvania Judge Rules Breathalyzers Inadequate

By Rogan Law  Mar. 6, 2013 4:50p

A Pennsylvania judge in Dauphin County recently ruled that breath test machines in DUI cases were unreliable due to calibration inadequacies. The ruling concerned a widely used breathalyzer, the Intoxilyzer 5000EN. Apparently, the manufacturer of the machine did not follow a certain state requirement that liquid solutions be tested by independent labs. Since the ruling, Pennsylvania state police have switched from breath tests to blood tests, which can also detect the presence of drugs which breath test analyzers cannot. This may result in more Pennsylvania DUI charges being made by law enforcement involving drugs, including illegal street drugs, prescription medicines, and even over-the-counter drugs that can impair driving.

The recent court ruling may call into question many DUI cases already in the system, making the breath test evidence from the Intoxilyzer 5000EN inadmissible. It is widely known that blood testing is more accurate and reliable than breath testing. Drivers who are suspected of DUI are now transported to a police facility or hospital for a blood draw to determine intoxication levels from alcohol or drugs. Those who refuse to take chemical tests when requested by law enforcement are subject to a one-year license suspension in Pennsylvania. Second or subsequent refusals carry an 18-month license suspension. Those convicted of driving under the influence in the state face penalties including potential jail time, fines, and DUI school.

DUI Defense in Scranton, Pennsylvania

The criminal defense firm of Rogan Law has been representing those charged with drunk driving and other criminal offenses for more than 20 years. The firm serves clients throughout northeastern Pennsylvania and the Pocono Mountain region. Having an experienced attorney who can help minimize the consequences of a drunk driving charge is recommended; you may think such a charge will lead to an automatic conviction but this is a false perception. Like any other criminal charge, you have to right to your day in court and, with the help of an attorney who is well-versed in DUI defense, you may achieve a favorable result.

The firm has represented thousands of individuals over the last two decades; this kind of experienced legal guidance can make a difference in your case. Contact the firm to discuss your case in a legal consultation or visit to review important information and videos about criminal defense.

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