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How to challenge breath test results in Pennsylvania

On Behalf of | Sep 21, 2022 | DUI/DWI

If you have been arrested and charged with a DUI, you are likely worried about the potential consequences. A DUI conviction can have a devastating impact on your life, including jail time, loss of driving privileges and expensive fines. In some cases, however, breath test results may be inaccurate or unreliable, and that’s why it’s important to consider the different ways to challenge them.

Getting stopped without probable cause

Probable cause is a reasonable belief by law enforcement that a crime has been committed. In order to pull you over, the police officer must have probable cause to believe that you were driving under the influence. If the officer did not have probable cause, your criminal defense attorney can file a motion to suppress the evidence against you, which may result in your charges being reduced or dismissed.

The machine was not calibrated properly

Police officers often use breathalyzers to measure a driver’s blood alcohol content (BAC). In order for the results to be accurate, however, the machine must be properly calibrated. You can request copies of the machine’s calibration records to ensure that it was working properly on the day you got tested.

You have a medical condition

There are certain medical conditions that can cause false positives on breath tests. If you have diabetes, for example, you may have a condition called ketoacidosis, which can make your breath smell like alcohol. If you have an intestinal disorder called gastroparesis, your stomach contents can back up into your mouth and make your breath smell like alcohol. If you have any medical conditions that could potentially cause false positive results, you may want to let your attorney know.

The test was not conducted properly

In order for a breath test to be admissible in court, the officer must follow certain procedures. If the officer did not follow the proper protocol, your attorney may be able to have the results thrown out.

If you get charged with a DUI, it’s important to know that it’s not automatically a conviction. There are many ways to challenge the evidence against you, and by taking into account the different factors involved in your case, you may be able to get the charges against you reduced or even dismissed.