Breath Testing in Pennsylvania: What You Need to Know
If you've been charged with DUI or Homicide by Vehicle, you may feel like the deck is stacked against you—especially if a breath test was used as evidence. While these devices are presented as scientific and infallible, the reality is very different. Breath testing is highly prone to errors, and without a skilled DUI defense attorney to challenge the results, you could be unfairly penalized.
At Mike Sherman Law, we don't settle for surface-level defenses. We know how to uncover the hidden flaws in breath testing that others overlook. With over 37 years of courtroom experience, including eight years spent as an attorney for the Pennsylvania State Police, I have the expertise and insight to protect your future.
What Happens During a Breath Test?
Before a breath test is administered, you'll be arrested and taken to a police station equipped with a breath testing device. Under Pennsylvania law, the police must observe you for 20 uninterrupted minutes before testing to ensure you don't eat, drink, or introduce alcohol into your mouth. Unfortunately, this step is often rushed or skipped entirely.
Once the test begins, you'll be instructed to blow into the device. The instructions are often vague and unhelpful, with officers simply repeating, “Keep blowing until you hear a sound.” Pennsylvania law requires two separate breath samples, but even two samples are no guarantee of accuracy.
The Hidden Flaws of Pennsylvania Breath Testing
Breath tests are not the precise tools they claim to be. They don't measure blood alcohol content (BAC) directly; instead, they estimate it based on the amount of alcohol in your breath. This estimation is based on a “one-size-fits-all” formula that assumes everyone's physiology is identical—an assumption that is blatantly untrue.
Here are just a few factors that can compromise breath test results:
- Medical Conditions: Acid reflux, GERD, bronchitis, and other health issues can cause alcohol from your stomach or lungs to skew the test.
- Procedural Errors: Police often fail to follow the strict protocols required for breath testing, such as the 20-minute observation period.
- Machine Malfunctions: Breath testing devices must be meticulously calibrated and maintained, yet many departments neglect these critical steps.
- Biological Variations: Individual differences matter. Gender, body temperature, and breathing patterns can all impact the accuracy of the test.
- Environmental Contaminants: Substances like mouthwash, cough syrup, and even certain sodas can introduce alcohol into your breath and result in a false positive.
Challenging the Results: How We Build Your Defense
At Mike Sherman Law, we treat every case like it's the most important one we'll ever handle—because for you, it is. Our defense strategy is built on a meticulous examination of every aspect of the breath testing process, from the machine's maintenance records to the officer's training.
Here's how we go to work for you:
- Obtaining Critical Evidence: We demand access to the breath testing device's logs, calibration history, and maintenance records. If the machine hasn't been properly cared for, its results can't be trusted.
- Expert Collaboration: We work with leading forensic experts who can analyze the data and identify errors or irregularities. Their testimony can be pivotal in challenging the prosecution's case.
- Medical History Review: We take the time to understand your medical background, ensuring that health issues affecting the test are fully documented and leveraged in your defense.
- Cross-Examining the Officers: My experience as a former Pennsylvania State Police attorney and 37 years of courtroom experience gives me unique insight into law enforcement procedures. I know how to expose inconsistencies and mistakes during cross-examination.
Why the 20-Minute Observation Period Is Crucial
The 20-minute observation period isn't just a technicality—it's a safeguard against false readings. If you hiccup, burp, or suffer from acid reflux during this time, alcohol from your stomach can mix with your breath and cause an elevated BAC reading.
Unfortunately, police officers often fail to monitor suspects properly. They may be distracted, leave the room, or simply not understand the importance of this step. These mistakes can render the breath test results unreliable, giving us a powerful tool for your defense.
Why the Mike Sherman Difference Matters
In a sea of high-volume attorneys who treat clients like case numbers, Mike Sherman Law stands apart. When you choose us, you're not just hiring an attorney—you're gaining a dedicated advocate who will fight tirelessly for your future.
- Unmatched Expertise: I wrote the textbook on Pennsylvania DUI law. Literally. Attorneys across the state rely on my work to guide their own cases.
- Inside Knowledge: As a former Pennsylvania State Police attorney, I know how DUI cases are built—and how to dismantle them.
- Client-Centered Approach: I keep my caseload manageable so that every client receives my personal attention. You'll have direct access to me throughout your case.
- Science-Driven Defense: My background in forensic science allows me to uncover errors that other attorneys miss.
What You Can Do
Don't make the mistake of assuming the breath test results are ironclad. These machines are far from perfect, and the police don't always follow the rules. With the right attorney, you can fight back.
At Mike Sherman Law, we combine decades of legal experience with cutting-edge scientific knowledge to give you the best possible defense. We take the time to understand your unique situation and build a strategy tailored to your needs.
Take Action Today
If you've been charged with DUI or Homicide by Vehicle, time is critical. Every moment that passes is an opportunity for evidence to be lost or forgotten. Call (412) 471-5000 today to schedule your free strategy session.
At Mike Sherman Law, we don't just defend cases—we defend futures. Let us fight for yours.
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