While government experts are aware of the past problems regarding breathalyzer machines, most in Philadelphia will acknowledge that the accuracy of breathalyzers has gotten much better over time. In fact, if the police are trained properly on how to use these mechanisms and the machines are kept in a manner that’s consistent with reasonably scientific methods, then the readings are often much more accurate and can be tested much more accurately.
When given a breathalyzer in Philadelphia, a person has two opportunities to do so and two readings. If the readings are too far apart from one another, there’s obviously a problem with the machine because these tests are given within seconds of one another. If the readings are very close, there is very little deviation between the two, the lower of the two readings is that which the Commonwealth is allowed to use at trial against the defendant.
Experts understand that if the machines are not maintained properly they can give false readings even today. An experienced Philadelphia DUI attorney and their staff can go see the machine, review the results and determine whether or not that’s a proper way of defending an individual’s case.
The result of finding a problem with the breathalyzer machine often leads to the suppression of any readings from such machine. Therefore, if an experienced DUI attorney is able to bring up the fact that a machine wasn’t calibrated properly or that a machine was not maintained or utilized in the proper fashion, then any results from that machine could be stricken by the court, making it an essential way of achieving an acquittal in a case.
It may be one of the most important ways. If the breathalyzer and or a blood draw is not done properly and by police protocol, the only way to challenge that is by asking the police relevant questions that only an experienced Philadelphia DUI attorney would know to ask. And if those answers turn out in a way that is positive towards the defense, a person has a much higher chance of acquittal on a case.
The most important thing about breathalyzers is that when asked to undergo a breathalyzer test, a person should always agree to do so. That’s regardless of whether a person was drinking alcohol earlier at the time or at any time during that particular day. The reason for not taking a breathalyzer is far outweighed by the benefits of taking a breathalyzer test.
If a person refuses to take a breathalyzer and/or blood test and O’Connell warnings are given to that person, that person would then lose their license for a year regardless of the outcome of the case. For a lot of people, that’s a year even if they weren’t under the influence of drugs or alcohol and that year can be devastating to a person’s employment and financial gain.
As a result, there’s really no benefit whatsoever to not taking a breathalyzer test in Pennsylvania. Submit to the breathalyzer test and let your experienced Philadelphia DUI lawyer deal with the results.
If the machines weren’t taken care of properly and the tests were administered wrongly, your experienced Philadelphia DUI attorney can then challenge that evidence. If they were and everything was calibrated correctly, then your attorney can make sure that the right result and the best result or outcome for you is there with the most or the least offensive penalties available under the law.