Law Offices of Michael Steven Sherman, P.C.

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Blood And Breath Tests

Blood & Urine

Pennsylvania’s Implied Consent Law requires that you submit to a chemical test of your blood, breath, or urine if you are arrested for DUI. In Western Pennsylvania, when blood is drawn, it is tested at either a certified hospital, The Allegheny County Medical Examiner’s Office, or The Pennsylvania State Police crime lab. There is a huge difference between hospital testing and crime-lab testing. Both types of testing can be fraught with error. Furthermore, preservation and storage methods of testing samples are always critical to determining the accuracy of these tests.

Due to a United State Supreme Court decision, you may be able to get your case dismissed or your punishment lowered. The United States Supreme Court ruled that the police must get a search warrant before they take your blood. (The case does not apply to breath tests.) If the police failed to get a search warrant before they took your blood, we may be able to lower your charges or possibly get the case dismissed.

If you refused the blood test, you may still be able to get the charges lowered if the police did not get a search warrant.

Call immediately for your FREE telephone consultation to see if you may be eligible for a dismissal or reduction of your charges based on this United States Supreme Court decision.

Breath Testing

Breath testing usually takes place at a police station. There are certain regulations that the police department must follow with regard to the servicing and maintenance of breath testing devices. These regulations are not always followed. In addition, certain health conditions can interfere with breath testing devices and create a false reading. For example, acid reflux or GERD (gastroesophageal reflux disease) can produce a false reading on a breath test device. Diabetes patients can also cause an irregular breath test reading.

Faulty Tests as DUI Defense

Problems with testing devices and methods can often provide a great defense in a DUI case. But to use this defense properly, you need someone who knows the language and science related to the testing. Mike Sherman is the only attorney in Western Pennsylvania and one of only 4 attorneys in the state to attend a 5-day course at the prestigious Axion Analytical Laboratory in Chicago. There he worked in a lab learning how blood samples are tested and analyzed. Contact former Pennsylvania State Police attorney Mike Sherman to find out if the use of faulty testing methods could be a defense in your case.

We Can Help

DUI is based on science. Mike Sherman has traveled the country learning the scientific and forensic aspects involved in DUI cases. If you have a lawyer who doesn’t understand the science or hasn’t received training in the science used by the government when trying to convict you, they’re not going to know how use the science to fight you’re case or fight the science being used against you.

Our extensive knowledge of the science used by the government to convict people for DUI gives you the upper hand when you walk into court. We work closely with noted scientific experts in blood and breath testing. Call us for a free consultation to discuss your case and we can discuss getting an expert involved so that we can fight your case.

If you are facing a serious charge, don’t delay. Call now to set up your free consultation at


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