The results of a BAC (blood alcohol content) test are often thought to be conclusive and ensure a conviction for driving under the influence (DUI) in Pennsylvania. While BAC tests are undoubtedly portrayed as compelling evidence of intoxication, they are not indisputable. Much like any other medical examination, these tests have room for error. Before you lose hope in your DUI case due to a presumably high BAC result, find out more about these tests and legal possibilities.
The skilled DUI lawyers at the Montgomery County, PA firm of Rubin, Glickman, Steinberg & Gifford, P.C., have extensive experience in this field of law and can identify errors in BAC test devices. Contact us anytime to discuss how you can overcome a potentially faulty BAC result and avert the consequences of a DUI conviction.
Which BAC Tests Are Most Accurate?
The most accurate BAC tests are those that are usually the most difficult to challenge in court. In Pennsylvania, the most accurate BAC test is a blood screening. Still, some circumstances could potentially affect the authenticity of a blood test, such as:
- The validity of the arrest warrant
- The chain of custody with the lab
- Potential contamination
Breath tests administered at a medical center or police station also tend to be highly accurate. However, it’s important to note that roadside Preliminary Breath Tests, which are optional, are not the same as breath tests administered at a medical center or police station. While mandatory breath tests are likely to be correct, they still need to be maintained and are susceptible to flaws.
What BAC Tests Have a Higher Percentage of Errors?
Specific BAC test devices have a higher degree of significant errors that could result in an unjust conviction. Roadside breathalyzers are famously known for being unreliable. This device is notably not always correctly calibrated and maintained. While a roadside breathalyzer result may provide sufficient proof to detain you at a DUI stop, law enforcement will likely use other BAC tests to provide evidence against you in the prosecution.
BAC urine tests are also extremely inaccurate, which is why they’re no longer valid evidence in Pennsylvania DUI cases. The level of alcohol in your urine may not be an exact representation of your BAC.
Why Are BAC Tests So Inaccurate in Montgomery County, PA?
BAC test results can be altered in various ways to indicate an unreliable portrayal of a person’s intoxication level. For example, blood test accuracy can be at risk if the blood sample was drawn incorrectly or improperly handled. Also, ingestion of specific medications or substances could alter BAC test results.
Breathalyzer tests depend on the accuracy of the device. If the device is not maintained, cleaned, and calibrated on an exact schedule, it can generate incorrect readings. BAC test errors often occur as a result of:
- Human error
- Device error
- A fundamentally flawed screening method
- An inadequate sample collection process
Many people in Pennsylvania who are accused of driving under the influence of drugs or alcohol aren’t aware that these BAC test results can be disputed and may be inadmissible as evidence in court. Partnering with an attorney who has a thorough understanding of Pennsylvania’s DUI legislation and procedures is vital.
What Should I Do If I Suspect My BAC Test Is Incorrect?
Suppose you were recently arrested for suspected DUI in Pennsylvania and believe your BAC breath or blood test may be a false representation of your intoxication level. In that case, it is essential to act swiftly. A DUI lawyer who understands how to discover the shortcomings in DUI tests is a significant advantage when you’re confronting DUI charges. The more time you wait to manage a DUI charge by yourself, the easier it will be for the prosecution to use incorrect BAC tests to devise a solid case against you.
Turn to Seasoned DUI Defense Lawyers in Montgomery County, PA
After a Montgomery County DUI arrest, contact the experienced DUI lawyers of Rubin, Glickman, Steinberg & Gifford, P.C. Our defense lawyers understand the possible penalties of a DUI conviction, and we advocate fiercely on our clients’ behalf to help minimize the harmful effects of a charge. We have successfully defended countless clients against drunk and drugged driving charges in Montgomery County, Pennsylvania and, in many cases, have gotten the charges dismissed entirely.
To speak with a knowledgeable DUI lawyer over a free consultation, complete a contact form or call anytime at (215) 822-7575.