Waynesburg BAC Testing Attorney

All you should know about BAC test – DUI defense

In Pennsylvania, there are three approved methods for conducting Blood Alcohol Content (BAC) tests. Each law enforcement department is required to select a specific primary test for their use. The three permissible testing methods are:

• Breath: This is the primary method chosen by all 67 counties in Pennsylvania, including Greene County, due to its ease of administration. The test is performed using a breathalyzer machine, specifically the EC/IR II, manufactured by Intoximeters, Inc. This device is sold exclusively to government agencies and is not available for private individuals.
• Blood: This method is widely regarded as the most accurate. A blood sample is drawn at a hospital and then sent to the Pennsylvania State Police Forensic Laboratory for analysis.
• Urine: Considered the least accurate method, urine testing is not frequently used. When it is, it’s often administered in conjunction with a second test to verify its accuracy.

Holding a driver’s license in Pennsylvania means you have given “implied consent” to undergo a chemical test to determine your BAC if you are arrested by the police on suspicion of driving under the influence.

Even if a chemical test shows you are over the legal limit, it doesn’t automatically mean your case is lost. An experienced Waynesburg DUI attorney can challenge the validity of the test results. For instance, if you took a breath test, your lawyer can investigate whether the machine was correctly calibrated and argue it was faulty. They might also explore if the test was administered according to proper guidelines and consider factors that can cause false high readings, such as mouthwash, decaying food particles, or certain medications. A knowledgeable Waynesburg criminal lawyer understands that factors like acid reflux or working with specific chemicals can affect blood test results. They will meticulously review whether the chain of evidence was followed correctly. Any mishandling of the blood sample could invalidate the test for use in a DUI court.

Can You Refuse BAC Testing?

Yes, you have the right to refuse a chemical or breath test. However, refusing won’t necessarily get you out of trouble; it will likely result in a prolonged suspension of your driver’s license. Unless you have a valid legal reason, refusing BAC testing is generally not advisable. If you do decide to refuse a test, it is crucial to do so politely. Never argue with a police officer when declining a chemical or breath test.

What should you do when arrested for a DUI?

If you are arrested for a DUI, it’s vital to contact your lawyer immediately. An Waynesburg DUI attorney will carefully review the events leading up to and during your arrest to ensure all procedures were followed correctly. They will also scrutinize how the BAC testing was conducted and identify potential avenues to have your case dismissed.

If you or a loved one is facing DUI charges, contact the Mountaineer Criminal Law Group at (304) 381-3656

We will help you understand the complexities of the legal process and advise you on the best course of action. The expertise of our Waynesburg criminal lawyer can help you avoid the serious consequences that may arise from a DUI case.