DUI DEFENSE - Breath Testing
Breath testing is divided into two parts. The portable or preliminary breath test may be administered by a police officer before you are taken into custody, but results from this test are not admissible in court. The results of the evidentiary breath test are admissible in court and are used against you in the criminal case filed by the district attorney's office.
I understand the science of breath testing and am current on developments in breath test procedures, laws, and challenges. There are many defenses and issues relating to the accuracy and reliability of breath and blood tests that may apply to your case.
Portable or Preliminary Breath Testing (PBT)
A test that may have been administered just prior to your DUI arrest is the preliminary/portable breath test or PBT. The purpose of the PBT is to confirm the officer's suspicion and to establish probable cause for your arrest. The PBT is not an evidentiary alternative to the formal breath test given at the station.
The PBT is a voluntary test and the results are generally not admissible in court; most PBT devices are not sufficiently reliable to meet court admissibility standards. For example, if you had recently consumed gum, cough syrup, mints or used an inhaler prior to taking the PBT, a false positive reading could have given the officer probable cause to arrest you.
A DUI arrest can be challenged if the police officer did not follow proper procedures for administering the PBT. If you've been arrested for DUI in the Greater Pittsburgh area, it's important to have a competent Pittsburgh DUI attorney scrutinize the evidence the officer relied upon to establish probable cause to arrest you. If the evidence was insufficient, it could unravel the prosecution's case against you.
The Evidentiary Breath Test
The formal, legal breath test generally occurs at a police station. Before administering the test, the officer must check the driver's mouth to ensure it contains no foreign substances. Following the mouth check, the officer must ensure that, for the twenty minutes prior to the breath test, the person puts nothing in his or her mouth and does not vomit. A test that is not performed according to these standards (and others required by law) is not a valid test and should not be admissible in court as evidence.
The officer is further required to advise you of your implied consent warnings prior to administering the legal breath test. In Pennsylvania, the implied consent law presumes your consent to taking the breath test. If you refuse the test your license will be suspended, most likely for a longer period than if you took the test, and you will most likely be charged with DUI anyway. If you've been arrested in the Greater Pittsburgh area, you need a competent Pittsburgh DUI lawyer to determine whether your refusal was actual, knowing and informed, and if it was not, to challenge the refusal evidence.
If you decide to take the test, the officer will have you blow into a mouthpiece connected to a tube. You will be asked to give two samples. You will be told to blow steadily into the mouthpiece for several seconds, and the officer will tell you when to stop. If you take the test and blow at or above .08% (lower for minors and drivers stopped while driving a commercial vehicle), you will be charged with DUI and you should retain the services of a competent DUI attorney to assist you in obtaining the best result.
If you've been arrested for DUI, please call my office at 412-429-4360, email me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact me through this website for a free initial consultation to discuss your options.
