Super Lawyers 2022
Avvo Rating 10
National College for DUI Defense
Avvo Clients Choice Award
LC Rated

Pittsburgh BAC Testing Attorney

Everything you should know about BAC tests — DUI defense in Pennsylvania

In Pennsylvania, law enforcement uses chemical tests to determine Blood Alcohol Concentration (BAC) when someone is suspected of driving under the influence. Agencies choose from several methods, each with different procedures, accuracy levels, and legal considerations. Understanding how these tests work—and where errors can occur—can make a significant difference in a DUI case.

Permissible BAC Testing Methods

Breath

  • In many Pennsylvania jurisdictions, breath testing is a primary choice because it is quick and relatively simple to administer at a station or mobile unit.
  • Testing is commonly performed on devices similar to the EC/IR II made by Intoximeters, Inc., a machine designed for governmental use and not sold for private, consumer use.
  • As with any instrument, reliability depends on proper calibration, maintenance, and operator training in accordance with state and manufacturer standards.

Blood

  • Blood testing is widely considered the most accurate method for measuring BAC.
  • A medical professional draws the blood sample—typically at a hospital or clinic—and the sample is then analyzed, often by an accredited crime laboratory such as the Pennsylvania State Police Bureau of Forensic Services or a certified independent lab.
  • Accuracy can be impacted by sample handling, preservatives used, storage temperature, and adherence to the chain of custody requirements.

Urine

  • Urine testing is less commonly used and is considered less precise than breath or blood analysis.
  • It may be administered alongside another test method to corroborate results or where other testing options are unavailable.
  • Proper collection timing, storage, and lab protocols are critical to avoid misleading results.

That’s why you need a Pittsburgh DUI attorney for your better assistance.

  • By holding a driver’s license in Pennsylvania, motorists give “implied consent” to chemical testing if lawfully arrested for DUI under Title 75 Pa.C.S. (Pennsylvania Vehicle Code).
  • Refusal of a chemical test can trigger civil penalties, including license suspension by the Pennsylvania Department of Transportation (PennDOT), separate from any criminal DUI case.

Why test results aren’t always final

  • Even when a chemical test indicates a BAC above the legal limit, that doesn’t end the analysis. Procedures, machines, and people can make mistakes. A Pittsburgh criminal lawyer can uncover errors and challenge the evidence in court.

Breath test defenses

  • Counsel can examine whether the breath testing machine was properly calibrated and maintained according to approved schedules.
  • Lawyers assess whether the operator followed required observation periods and administration guidelines.
  • Potential sources of false positives—such as residual mouth alcohol from mouthwash, dental work, or certain medications—are investigated.

Blood test defenses

  • A Pittsburgh DUI attorney can review whether collection followed medical protocols, whether preservatives and anticoagulants were used correctly, and how samples were labeled and stored.
  • Chain of custody is scrutinized to ensure each handoff is documented; any break in the chain can undermine reliability.
  • Medical issues like acid reflux (GERD) or occupational exposure to chemicals may affect certain test outcomes and warrant expert review.

Urine test defenses

  • Timing of sample collection and storage conditions can affect metabolite readings.
  • Variability in lab methods may call for independent testing or expert testimony.

With the stakes so high, engaging experienced counsel early helps protect your rights and preserves critical evidence that could influence the outcome.

Can You Refuse BAC Testing?

Your right to refuse—and the consequences

  • You may refuse a chemical test after a lawful DUI arrest. However, refusal carries serious administrative penalties that can include extended driver’s license suspension under PennDOT procedures.
  • Refusal does not make a case disappear; in some situations, prosecutors can pursue DUI charges using other evidence such as officer observations, field sobriety tests, and dash/body cam footage.

Best practices during a stop or arrest

  • If you decide to refuse a breath or chemical test, communicate your decision calmly and respectfully.
  • Avoid arguing with officers. Anything you say can be used as evidence, and cooperation with lawful commands helps prevent additional charges.

When questions arise about implied consent, a Pittsburgh criminal lawyer can explain the civil and criminal implications of refusal and help you navigate your options.

What to Do If You’re Arrested for DUI

Take immediate steps to protect your case

  • Contact a qualified Pittsburgh DUI attorney as soon as possible. Early engagement allows for prompt investigation of the stop, arrest, and any testing conducted.
  • Your Pittsburgh criminal lawyer can review whether officers had reasonable suspicion for the stop, probable cause for arrest, and whether all procedures complied with the Pennsylvania Vehicle Code and applicable regulations.
  • A thorough examination of BAC testing—device logs, maintenance records, lab documentation, and chain of custody—can uncover issues that support motions to suppress or dismiss.

How a defense team can help

  • A seasoned Pittsburgh DUI attorney will coordinate independent expert analysis when needed, challenge improper procedures, and negotiate strategically with prosecutors.
  • Effective representation focuses on preserving your license, minimizing penalties, and, where possible, seeking dismissal or reduction of charges.

Contact Mountaineer Criminal Law Group

Speak with an attorney today

If you or a loved one is facing DUI charges in or around Pittsburgh, contact the Mountaineer Criminal Law Group at (304) 381-3656 to schedule a confidential consultation. Our Pittsburgh criminal lawyer will guide you through the legal process, assess the strength of the BAC evidence, and outline a tailored defense strategy.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...

A.C.

I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

Former Client

Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

Former Client

Get in Touch

Fill out the contact form or call us at (304) 381-3656
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message

I would like to receive text messages from Mountaineer Criminal Law Group.