Breathalyzer Tests

John M. Kenney is a Bucks County DUI lawyer who represents individuals facing charges of driving under the influence of drugs or alcohol. Mr. Kenney has been fighting for the rights of defendants in the Lower Bucks County area and elsewhere in southeastern Pennsylvania for more than three decades. He aims to help his neighbors move on from criminal charges and other legal issues in a way that allows them to continue contributing to society and supporting their families. Mr. Kenney approaches cases aggressively and is respected for focusing on straight talk and honesty in legal representation.

A breathalyzer is one device that the police use to gauge the blood alcohol content of a person suspected of drunk driving. It takes a breath or blood sample to calculate a person's blood alcohol content. Pennsylvania law makes it a crime to operate a motor vehicle with a BAC of 0.08 percent or higher. Drivers caught with a BAC of 0.10 percent or higher may be subject to enhanced fines and other penalties.

Pennsylvania's implied consent law requires a person suspected of drunk driving to submit to a breath, blood, or urine test. The test must take place within two hours of the time the driver was pulled over, and the results can usually be used in court. A person who refuses to submit to a BAC test is likely to have his or her driver's license suspended for at least one year.

There are a number of legal defenses that may be available to a person who has been charged with a DUI and subjected to a breathalyzer test. The first has to do with the technical accuracy of the device itself and the procedures required by law. The police must constantly observe a person for 20 minutes before using a breathalyzer. State law also requires them to regularly inspect the device and ensure that it is properly calibrated. Alcohol breath tests must be conducted by a person certified to perform the test, and they must include a minimum of two separate breath tests, among other restrictions.

A second line of defense concerns the actions leading up to the test. In order to pull your car over, the police must have a reasonable suspicion that you are committing a crime. In order to require a breath test, they need to have a reasonable suspicion that you are driving drunk. These determinations depend largely on the facts of any particular case. Speeding is illegal and is grounds for pulling a car over, for example. It may not necessarily be a sign that the person behind the wheel is drunk and should be subjected to a breath test, however.

John M. Kenney has been fighting for criminal defendants against the prosecution since 1983. He has an extensive understanding of the law as it relates to arrests, breathalyzers, and the use of test results in court. Mr. Kenney takes on cases proactively, working diligently to ensure that his clients’ rights are protected and that their interests are advanced.

If you or a loved one is facing charges, consult Bucks County DUI attorney John M. Kenney for guidance on your options. He offers free initial consultations from his office in Fairless Hills, and he serves clients throughout the surrounding areas of Pennsylvania, including in Bristol, Morrisville, Yardley, and Langhorne. Mr. Kenney is a knowledgeable criminal defense lawyer who can help you understand the charges against you, negotiate with prosecutors, and take your case through trial if necessary. Call us at (215) 547-3031 or contact us online to set up an appointment.