If somebody has been pulled over here in the state of Pennsylvania and charged with DUI, and has been given a breath test, then what I do is I will challenge the validity of the breath test machine. The way we do that is, number one, we will look to see if the machine was properly calibrated. There is certain documentation that the district attorney must provide to the defense team to see if calibration was properly handled in this case.
Number two, also, was the breath test operator certified to get a breath test sample, to operate the machine? We would look at the certification, whether his certification was updated or not. Here in the state of Pennsylvania, there have been problems with breath test machines. A good example is in the city of Philadelphia, where approximately over 1,000 breath test samples were discarded because of operator error, and many of those tests, because of that, were dismissed. The DUI cases were actually dismissed themselves.
So that’s something that we look at, and it’s very important for a defendant to a competent DUI lawyer to handle his case