The breath test machines here in the Commonwealth of Pennsylvania that are used in breath test cases, DUI cases, are the DataMaster, the Intoxilyzer 8000 and also the Intoxilyzer 5000. They are machines that a DUI lawyer should be very familiar with, and the reason is because each of those machines are programmed differently, operated differently. Some of the things that a competent DUI lawyer will be looking into is whether, number one, the machines were properly calibrated. That’s the first step. Number two, was the machine operator properly certified to operate the breath test machine? Was the certification still good, that is, that the certification did not expire.
Many machines here in Pennsylvania have become defective one way or another, and if we can show that the machine has become defective or, more importantly, that there was operator error, then the case could be thrown out, at least the BAC level, the samples, will be suppressed.