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Breathalyzers questioned - what does it mean for Philadelphia?

A drunk driving defense attorney would be able to tell our readers that a significant issue is being argued in Pennsylvania right now, which could concern anyone who has been stopped for or arrested for DUI recently. The validity of breathalyzer tests have been called into question, and, according to a recent article, the state police will now be doing blood tests on drivers suspected of operating under the influence. However, there is quite a bit more to this issue.

If a recent arrest has someone looking for a Philadelphia DUI attorney, where and when the arrest occurred could make a difference. According to the article, the blood tests are being conducted only by the state police who make stops on state highways - Philadelphia police have reportedly stated that they will still use breathalyzers in traffic stops where there is a suspicion of DUI.

So what is all the confusion about? Well, a recent court ruling from Dauphin County is the primary source of contention, where a judge held that the validity of breathalyzer tests results could be questioned. One of the parties involved in that case has reportedly stated that breathalyzer machines may not function as designed at times, which could have a huge impact since many arrests are, at least in part, based on breathalyzer test results.

For anyone facing a DUI charge in Pennsylvania, this recent upheaval regarding breathalyzer tests could be a game changer. What if someone had indeed been drinking alcohol prior to a DUI stop, but not enough to register above the .08 legal blood alcohol content limit on a breathalyzer test? What if instead that person's BAC was more like .07, but a breathalyzer test registered .09? That difference is the difference between a potentially life-altering arrest and going on your way.

Source: CBS Philly, "Philadelphia DUI Attorney Sees Tumult Ahead in Local Drunk-Driving Cases," Cherri Gregg, Jan. 30, 2013

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