${site.data.firmName} ${site.data.firmName}
Free Consultation No recovery - No Fee
215-822-7575 / 800-358-9367
Practice Areas

What is the process for a DUI breath test in Pennsylvania?

Like any driver in Pennsylvania, you could be asked by law enforcement to submit to a breath test after you have been stopped for another reason. If this happens, you should know that officers are required to follow specific procedures when conducting these tests.

The Pennsylvania Code explains that one of the first procedural elements of any breath test for suspected intoxication is a wait period. The officer or other approved breath test operator must be with you in person for 20 minutes before they can request your breath sample. During this 20-minute period, you will not be allowed to eat or drink anything. You are also not allowed to have vomited, smoked or regurgitated anything during this time.

After a successful 20-minute period has been completed, the actual breath testing may commence. This includes not one, but two, actual breath tests which are to be conducted by someone certified to administer the test. There is no requirement for any waiting period between the two tests. The lowest reading will be the one that is used in your case, should you be arrested. After the second test has been completed, the operator will then conduct a simulator test immediately. In this test, a solution is used that should return a 0.10 percent reading.

The results of your breath test can be dismissed if the values between the two tests differ by more than 0.02 or 0.020 percent. This information is not intended to provide legal advice but general information about intoxication breath tests in Philadelphia.




No Comments

Leave a comment
Comment Information
Best Lawyers | Best Law Firms | US News 2018
  • RGS&G Firm News

    Attorney Amy R. Stern, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C, is co-presenting a seminar entitled Divorce 101 along with Marc Silverman, Senior Loan Officer of GMH Mortgage Services.Read more...

  • Super Lawyers | Rising Stars
  • National board of legal speciality certification
  • American college of trial lawyers
  • National board of trial advocacy | EST 1977
  • 2013 | Subarbanlife | Awesome Attorneys
  • PennSuburban | Chamber of commerce

Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

You Have Questions? We Have Answers. Fill out the form and an attorney will be in touch with you shortly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

start now. send your request