Pennsylvania DUI/DWI Defense Lawyer
Information About Blood Alcohol Tests
If you are facing an arrest for DUI (driving while intoxicated) in the State of Pennsylvania, you have likely been required to submit to chemical testing to support the police and prosecutor's case. These tests, whether blood, alcohol or urine are not always reliable but are reliably used by the District Attorney's office against you. Rely on Ciccarelli Lawyers for over 25 years of combined DUI Criminal Defense experience. Contact us for a impassioned and tenacious DUI Defense.
The Implied Consent Law: The Chemical Testing is mandatory
Any person with a driver's license who drives a vehicle in Pennsylvania has impliedly given their consent to take some form of chemical test (breath, blood, or urine) if suspected of alcohol impairment while operating a vehicle. Refusal will result in an automatic one-year license suspension and mandatory three days in jail. Additionally, the individual will face DUI/DWI charge if they had tested with the highest BAC levels. Therefore, if convicted, they will face the harshest levels of punishments.
Problems With BAC Tests
• Alcohol absorption: DUI offenses are related to blood alcohol content levels at the time a person is driving, not when the test is taken much later. However, because alcohol is absorbed into the system or metabolized over time, police frequently make the assumption that some of the alcohol in your system was already "burned off" and therefore, your BAC levels at the time you were driving were higher. As a result, higher BAC levels are tied to your charge. However, there are many factors that cause an individual to absorb alcohol at different speeds from the amount of water contributing to their body weight to the amount of fat in the foods eaten recently. In certain instances, the alcohol levels in the blood have not yet dropped at the time of the reading, yet police still assume BAC levels were higher.
• Breath tests: Breathalyzer and intoxilyzer machines calculate BAC levels when the individual blows into the machine. If the machine is not calibrated properly, if the individual does not blow properly into the machine, or if there are other errors within the machine, an inaccurate reading may result. In many cases, there are functional errors within the system, however, the machine fails to warn of such errors. Routine maintenance or simple diagnostic tests can and should be performed to avoid false results.
• Urine tests: As with any other test, BAC results derived from urine tests can be inaccurate. Urine chemical test results are based on an assumption that the individual being tested is average. On average, the ratio of alcohol in the urine to alcohol in the blood is 1.3 parts of alcohol in the urine to 1 part alcohol in the blood. But if the individual is not average, an inaccurate reading would result.
• Blood tests: Blood tests are not used as much as breath tests or urine tests because blood tests are more costly and time consuming. Additionally, due to the technicalities with regards to how the blood is drawn and tested, the test can result in BAC levels that are arguably 15 to 20 percent higher than actual BAC levels.
Committed to Helping You Avoid the Worst Possible Scenario
While there are no guarantees in criminal defense law, understanding your rights and the legal options available to you can improve your chances when defending yourself from charges of dui, drunk driving, driving while intoxicated. As a criminal defense attorney with years of experience in our criminal justice system, I understand how to negotiate with the court, how to identify questionable police conduct and suspicious testimony, and prevent clients from making certain kinds of mistakes.
Gain the over 25 years of combined DUI Criminal Law experience from the Ciccarelli Legal Team. Contact Lee Ciccarelli and the Ciccarelli Law Offices Criminal Defense Team to discuss your problem, to confidentially and professionally discuss your DUI charges, arrest, and legal issues facing you and your family. We have an attorney on call 24/7. Contact us online or by phone at 888-643-0006 for a free consultation.
