Pennsylvania DUI Chemical Tests

 

The State of Pennsylvania has adopted implied consent laws in regards to testing drivers under the suspicion of driving under the influence (DUI). The implied consent means that a person that is operating a vehicle with a proper license has implied that they will abide by an officer's request for testing.

 

Types of Tests

 

In order to determine a driver's blood alcohol content (BAC) there are three kinds of tests used. The types are blood test, urine test and breath test. Each test works slightly different from the others and they have unique rules that must be followed in their use.

 

Blood test

 

A blood test uses the person's blood and compares it to a chemical mixture. The chemical mixture is designed to represent an “average” person's blood, without any alcohol. The officers are testing the blood to see if the BAC measures at least .08%. If the result is .08, or higher, the person is considered a DUI threat by the police and arrested.

 

Since this is essentially a medical type procedure, the blood test has the potential to be challenged by a professional such as an Allegheny county DUI lawyer on a multitude of levels.

 

First and foremost, when the blood sample is collected it is placed in a glass beaker or tube that contains exact measurements of anticoagulant as well as preservative. If either item is not present in the correct amount then the test results will be incorrect.

 

The blood test must be properly stored after the test procedure. Since officers are not trained medical professionals it is possible that the sample is placed into storage incorrectly.

 

The biggest drawback of the blood test is the nature of the sample. The amount of alcohol in a person's body rises after they have had a few drinks. The blood test measures BAC at the moment of the test, not at the moment when the person was driving. This can lead to a much higher BAC that does not reflect the person's health condition when they were behind the wheel.

 

Urine Test

 

Lawyers, such as the Montgomery county DUI attorneys, are keenly aware of the weaknesses present with urine tests. This type of test is most commonly used in cases where the officers suspect the driver may be under the influence of drugs as well as alcohol.

 

Independent research by doctors and labs have shown that a urine test always returns a much higher BAC level for the driver than their actual level. In addition to the readings, the precise rules that must be followed for the test make it more difficult for police to administer. Since the suspect must first be given privacy to empty their bladder and then wait 20 minutes before completing the urine test, it is often difficult for officers.

 

Breath Test

 

Without question, the breath test is the most used types of BAC tests for officers. Various manufacturers have introduced portable breathalyzers that can be transported in a police vehicle in order to perform tests right on the spot. These machines are required to be maintained according to a strict maintenance schedule and they must be calibrated often in order to make sure they produce correct results.

 

If a breath test is not completed within two hours of driving the information is not allowed to be used against the defendant. This stems from the fact mentioned earlier that the level of alcohol in a person's body rises over time after consumption. If a person's BAC was tested 3 hours after they stopped driving it is quite possible that their alcohol level would be double the legal limit. However, if they are not driving or in danger of harming anyone this would be a moot point.

 

Regardless of the type of test used in the DUI arrest, it is possible that the test, the way it was administered or the way the results were maintained can be challenged by an experienced attorney. It is important to consider hiring an attorney that practices in the county where the DUI arrest happened. For example, if the drunk driving arrest occurred in Bucks County then a lawyer that works in that county would be the best source for a defense.