Month: February 2013

Pennsylvania State Police Suspend DUI Breath Tests in Favor of Blood Tests

The Philadelphia Inquirer recently reported that the Pennsylvania state police have temporarily suspended their use of breathalyzer machines in drunk-driving cases, amidst a Dauphin County judge’s concerns about their accuracy. The judge dismissed several pending DUI cases in Dauphin County after learning that the manufacturer of the breath-testing machine, the Intoxilyzer 5000EN, had not complied with a key mandate under state law. More specifically, the manufacturer of the breath-testing machine did not comply with the state’s mandate that a liquid solution be tested by independent labs, which called into question the accuracy of the test results.

The machine in question is not the roadside breath-testing machine that police use to initially take a DUI suspect into custody. The traditional blow-in-the-tube test is typically used only to establish probable cause for a DUI arrest by police on the street. On the other hand, the Intoxilyzer 5000EN is used at the police station in order to provide more definitive information as to a driver’s blood alcohol content level after his or her arrest.… Read More

Pennsylvania State Rep Appeals DUI Conviction

The Philadelphia Sunday Sun recently reported that current Democratic State Representative Cherelle L. Parker was found guilty of DUI after a short trial before former Montgomery County Court president judge S. Gerald Corso that involved no testimony by witnesses. However, Parker’s sentence, which consists of three days in jail, suspension of her driver’s license for one year, and a $1,000 fine, was stayed pending an appeal to the Superior Court. As your Pennsylvania DUI lawyer well knows, Parker’s sentence includes penalties that are typical in PA DUI cases.

Parker’s criminal charges stemmed from a 2011 incident in which police reportedly stopped Parker after she drove the wrong way down a one-way street. Police allegedly observed that Parker’s eyes appeared bloodshot and glassy, her breath smelled like alcohol, she had difficulty getting out of her vehicle, and she could not produce her license, registration, or insurance card. Parker later submitted to a Breathalyzer test at police headquarters, which measured her blood alcohol content (BAC) to be 0.16 percent.… Read More