Failure to Take/Challenging the Breathalyzer

Under Pennsylvania law, if you operate a motor vehicle on a public roadway, you have implicitly consented to submit to a breath test, blood alcohol test or other chemical test. Failure to do so exposes you to the risk of losing your driver's license in addition to any criminal consequence you may face.

If you have been charged with drunk driving or failing to take the breath test, the experienced defense attorneys at Rubin, Glickman, Steinberg and Gifford are here to stand up for your rights.

Contact us today online or by telephone at 215-822-7575 or 800-358-9367 to speak with an experienced Montgomery County, Pennsylvania, criminal defense lawyer.

Breathalyzer Tests And Implied Consent

Implied consent refers to the laws stating that motorists on public roadways are deemed to have consented to chemical alcohol tests. While the failure to take the breath test is not a criminal offense, it can result in administrative action being taken against you in which your license can be taken away for up to a year.

Challenging Breathalyzer Results

It is important to remember, however, that breath test equipment and operators are not infallible. There are a number of circumstances in which evidence from a breath test can be dismissed. Some of these circumstances include:

  • The equipment was defective.
  • The equipment was improperly maintained.
  • The operator was not qualified to administer the test.

Our attorneys understand the threshold the prosecution must bear in order to win a conviction, and are adept at challenging the evidence they may present against you. Faulty evidence could cause an innocent person years of criminal trouble. We will work to ensure that does not happen to you.

Schedule Your Free Initial Consultation

Are you in need of legal solutions that work? Contact us today online or by telephone at 215-822-7575 or 800-358-9367 to speak with a knowledgeable Pennsylvania DUI defense lawyer. We are located right off of Route 309.