McMahon, McMahon & Lentz - Driving Under the Influence (DUI)
Field sobriety tests are commonly utilized by police officers in DUI Investigations.
These physical coordination and agility tests are not objective, but rather inherently
subjective based on the particular police officer investigating the suspect. Moreover,
the suspect's level of physical athleticism, prior medical issues and physical condition
of tests'situs is not factored into the test performance. The tests are simply pass
or fail subject to the police officer's discretion.
Nonetheless, field sobriety tests are heavily relied upon by police and prosecutors
in DUI prosecutions despite their unreliability and subjective elements. A vigorous
DUI defense must aggressively focusing on neutralizing the impact of police officer
testimony concerning field sobriety tests and conclusions.
Chemical Testing Evidence
In the state of Pennsylvania, police investigating DUI cases can obtain Blood Alcohol Content (BAC) evidence through either a drawn blood sample or breathalyzer test. A blood test result is generally more accurate and less subject to police error than breathalyzer testing. Breathalyzer test results are not admissible in court UNLESS the police can establish the following foundation of admissibility:
- the breathalyzer machine must be an approved testing device under the Pennsylvania
Bulletin;
- the breathalyzer device must have been properly calibrated within one year of
the administration of the test;
- the breathalyzer device must have been tested for accuracy with one month of
the administraton of the test;
- the operator of the breathalyzer device must be properly certified to administer
the testing utilizing the particular device; and
- the suspect must be continually observed for a period of at least twenty minutes
not eat or drink anything prior to testing.
Mr. McMahon has successfully achieved exclusion of BAC chemical test results in DUI cases, where the police have failed to properly fulfill these strict requirements for the legal admissibility this evidence.
See Mr. McMahon's PA DUI Attorney track record >>
(Twelve recent decisions, 100% Not-Guilty)
The information contained herein should not be used as a substitute for personal
legal advice. You should contact the Law Offices of McMahon, McMahon & Lentz
to schedule a Consultation with an attorney who will speak to you regarding your
specific situation.
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