Police investigating Pennsylvania DUI cases typically administer breath or blood tests to determine blood alcohol content (BAC). Any driver with a BAC of .08 percent or greater - the legal limit in all 50 states - will be prosecuted for a Pennsylvania DUI. However, a chemical test with a BAC of .08 percent or greater can sometimes be challenged. The Pennsylvania DUI attorneys at Zachary B. Cooper, Attorney at Law, P.C. will analyze your chemical test results to determine what challenges are available in your case.
Several possible errors that can occur in blood tests performed in Pennsylvania DUI cases include improper blood drawing procedures. The blood must be drawn into a glass tube that contains a precise mixture of preservative and anticoagulant. If the amount of preservative is incorrect, your blood can actually ferment, creating alcohol and an inflated test result. If the tube does not contain enough anticoagulant, your blood will clot, which can also skew the test result upward. An independent test of your blood sample may uncover this type of error.
Even in cases where a blood sample was properly drawn and stored, it may still be possible to successfully challenge the results. Even accurate blood test results only show that a driver's BAC was over the limit when the test was taken - not necessarily at the time of driving. Your body can absorb alcohol long after you stop drinking, so your BAC may have risen between the time police stopped you and the time you were tested. If you were tested more than two hours after the time of driving, you may have a strong challenge to the results of the blood testing.
The lab technicians and the machines used to test your blood sample are also sources of possible error in blood testing.
Pennsylvania's implied consent law requires every driver to take a blood, breath, or urine test after a drunk driving arrest. If you refused to submit to a chemical test, you face additional repercussions.
It may be possible to challenge your blood test result in your Pennsylvania DUI case with the help of the Pennsylvania DUI attorneys at Zachary B. Cooper, Attorney at Law, P.C.. Please contact us today for a free consultation.