In the majority of cases in which a defendant is charged with a DUI offense, the Commonwealth will rely on the results of the defendant’s breathalyzer test as evidence of the defendant’s guilt. Thus, if a defendant can prove that the test was administered via a faulty breathalyzer machine, he or she may be able to argue that the results are inaccurate and, therefore, should be deemed inadmissible. In a recent case in which a DUI defendant moved to suppress the results of her breathalyzer test, the Superior Court of Pennsylvania discussed regulations governing the use of breathalyzer tests. If you reside in Pennsylvania and are charged with a DUI crime following a breathalyzer test, it is advisable to consult a proficient Pennsylvania DUI attorney to discuss what defenses may be available in your case.
Facts of the Case
It is alleged that the defendant was arrested due to suspicion of DUI. She was transported to the police headquarters, where she submitted to a breathalyzer test. The test indicated her blood alcohol content to be 0.225. She was then charged with DUI – highest rate of alcohol. In an unrelated case, discovery revealed that the breathalyzer device used to administer the defendant’s test produced inconsistent results five months prior to the defendant’s arrest. The device was then removed from service, recalibrated, and retested prior to being placed back into service. No repairs were made on the device.
Reportedly, the defendant filed a motion to suppress the results of her breathalyzer test, arguing that the device should have been repaired before it was placed back into service. The court denied the motion, and the defendant was convicted as charged. She then appealed the court’s denial of her motion to suppress.