Bompadre Law

How To Win Your Case Even If You Took A Breath Test?

Your Blood Alcohol Concentration (or BAC) represents the amount of alcohol the breathalyzer equipment said was in your bloodstream at the time of your arrest. This one little number can be the key to your case. The higher the number, the more serious the punishment you’ll face if convicted. 

If you submitted to the chemical test, your BAC result may seem like an open-and-shut case. I mean, they have a test that shows us what your BAC is exactly, right? So how can you win your case when they have a BAC result from a breathalyzer? With an experienced DUI lawyer from Bompadre Law.

Attorney Bompadre was a police officer for 10 years before becoming a lawyer, and has the same certifications as Pennsylvania state troopers and municipal police, and knows how to spot equipment and operator flaws that can potentially make your breathalyzer results inadmissible in court. Not only that, but his experience at having made approximately 40 to 50 DUI arrests per year himself during his tenure as a patrolman, gives him unique inside information with regards to how police investigate and prosecute DUI cases. This knowledge can be invaluable in knowing where and how to attack certain aspects of the case against you.

Machines aren’t perfect.

No machine is perfect. They can break. They often malfunction. The breathalyzer equipment the police use to measure your BAC at the time of your arrest is no exception. These machines need to be periodically calibrated and adjusted to record small amounts of alcohol. They also need to be operated properly. One small mistake could affect your reading. In addition, certain perfectly legal chemicals and substances that might have been in your system when you were tested can trigger a false positive in even some of the most advanced breath testing equipment.

Some police departments also use a roadside breathalyzer, usually called a PBT (Portable Breath Test), a small hand-held device to test your breath, often before you even get out of the car to do the standard field sobriety tests. These results are not admissible in court, but are often used by police to help determine probable cause to believe you are drunk before arresting you. Would you be able to identify or prove if the roadside breathalyzer used in your DUI case was faulty, such that the probable cause to arrest you was deficient? Attorney Bompadre can. Using the latest procedural and scientific information, we can challenge the results of your breath or blood test to provide you with the strongest possible DUI defense.

Procedural Errors

If the police officer who stopped you made any error in roadside procedure with a PBT, or in the extensive procedure necessary back at the police station when giving you the official Breathalyzer test on the desktop machine, the results of your test(s) might be inadmissible as evidence in court. These errors could be:

  • An insufficient reason for stopping your car in the first place
  • An observation period before administering the test that was not long enough
  • A failure to read you the proper legal warnings as required
  • Asking you to submit to the chemical test when you were not physically at the place of testing

Would you be able to tell if the trooper or patrolman who pulled you over followed the correct roadside procedure? Did they give you the field sobriety tests as they were supposed to do? As they were trained to do? Did they score your field sobriety tests using objective criteria like they were supposed to, or did they just decide on their own, by making up their own criteria, that you failed them? Did they administer any field tests to you that are not able to be standardized, and hence considered unreliable, and if so why? Attorney Bompadre here at Bompadre Law knows and was trained in the same National Highway Traffic Safety Administration procedures required of all Pennsylvania State police and most municipal police officers. Who better to have in your corner defending your rights in the courtroom? 

Don’t let one little number decide the fate of your drivers’ license and your freedom. Contact Bompadre Law today and put the most experienced and aggressive DUI lawyer in Southeast Pennsylvania to work for you! We just might be able to make that number disappear.

(484) 505-0188