DUI Testing in Philadelphia

DUI Chemical Tests & Their Limitations

Chemical tests are a standard part of DUI investigations, but they’re not always reliable. Errors in testing procedures or faulty equipment can lead to inaccurate results, making it crucial to scrutinize every aspect of these tests.

At Fienman Defense, we bring the knowledge and resources necessary to effectively defend against drunk driving charges even when test results suggest impairment. We represent clients throughout Philadelphia, Bucks County, Montgomery County, Chester County, Delaware County, and beyond. With the same SFTS training as law enforcement, we identify weaknesses that many other DUI lawyers may overlook.

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DUI Breath Tests

Breath tests are the most used method to measure Blood Alcohol Content (BAC). However, these tests frequently yield inaccurate DUI readings due to calibration issues, improper maintenance, or health conditions like asthma, GERD, or acid reflux that may skew results.

Challenges to Intoxilyzer 5000 Breathalyzers

In Pennsylvania, the Intoxilyzer 5000 is widely used by law enforcement. However, in 2013, a Pennsylvania court questioned the reliability of these devices, leading to increased scrutiny in DUI cases. With proper legal guidance, breathalyzer results can be challenged, potentially reducing the weight of the evidence against you.

DUI Blood & Urine Tests

Blood and urine tests are often perceived as more reliable, but they are not immune to errors. Contamination, mishandling, and improper storage can all compromise sample integrity. Additionally, Pennsylvania law requires that these tests be conducted within two hours of arrest to ensure accuracy. Any delay or mishandling could provide grounds for a defense.

Urine Tests & Their Inherent Issues Urine tests, commonly used to detect drugs, are considered less reliable for measuring BAC. Contamination, improper labeling, and privacy concerns can all affect their validity. Our experienced attorneys know how to spot these issues and use them in your defense.

Testing for Drugs in DUI Cases

Drug-related DUI cases often involve urine or blood tests. Police may employ a Drug Recognition Evaluator (DRE), trained to identify signs of drug impairment through various physiological indicators like pupil size, pulse rate, and the presence of injection marks. However, DREs are not foolproof, and their findings can be questioned in court.

Search Warrants for Blood Tests

In DUI cases, law enforcement must obtain a search warrant before administering a blood test. This requirement, established by a 2013 U.S. Supreme Court ruling, protects individuals’ rights. If a blood test was administered without a warrant, it could be grounds for challenging the evidence.

More on Warrantless Vehicle Searches

Field Sobriety Tests & Their Reliability

Field sobriety tests assess your physical and mental coordination to determine impairment. However, these tests can be influenced by various factors unrelated to intoxication, such as medical conditions, fatigue, or environmental factors.

• Horizontal Gaze Nystagmus (HGN): This test, where the officer observes the eye movement as you follow an object, has a 77% accuracy rate for BAC of .10% or higher. However, HGN results can be impacted by medical conditions or even the lighting at the test site.
• Walk and Turn: Balancing tests are not foolproof. Uneven surfaces, improper footwear, or health issues can lead to inaccurate results.
• One-Leg Stand: Similar to the walk-and-turn test, this test relies on balance, which can be affected by various factors beyond alcohol consumption.

You Are Not Required to Take Field Sobriety Tests

While field sobriety tests are standard, they are voluntary. Refusing to take these tests may be noted in the officer’s report but cannot be used against you in the same way as a chemical test refusal.

Chemical Test Refusals & Implied Consent in Pennsylvania

Under Pennsylvania’s implied consent law, drivers arrested for DUI are required to submit to chemical testing. Refusal to take a chemical test results in an automatic license suspension of at least one year. Repeat refusals or prior DUI convictions may extend the suspension period to 18 months. If you’re already driving on a suspended license, refusal can lead to even harsher consequences.

Inaccuracies in Phila. DUI Testing

Despite their scientific basis, chemical tests are not infallible. Various factors can lead to inaccurate or unreliable results:

• Calibration & Maintenance: Breathalyzers require regular calibration and maintenance. An improperly calibrated machine can yield a falsely high BAC reading.
• Contamination & Handling Errors: In blood and urine tests, contamination or mishandling at the lab can compromise results. Multiple handlers increase the risk of error.
• Health Conditions: Certain medical conditions, like diabetes or GERD, can affect the reliability of breath and blood tests.
• Time of Test: Blood alcohol levels fluctuate over time. Delays in testing can result in BAC levels that don’t accurately reflect your level at the time of driving.

Read: 7 Things That Cause Breathalyzer False Positives

How a DUI Attorney Can Help with DUI Testing Issues

When facing DUI charges, having a knowledgeable attorney is essential. An experienced DUI lawyer can:

Challenge the Validity of DUI Tests

An attorney trained in DUI testing procedures can examine the evidence for procedural errors, calibration issues, and lab handling mistakes.

Negotiate Reduced Charges

First-time offenders or those with mitigating circumstances may benefit from plea negotiations. Our attorneys are skilled at securing reduced charges or alternative sentencing.

Question the Legality of the Stop

Police need reasonable suspicion to conduct a DUI stop. If this standard wasn’t met, your attorney can argue for the suppression of evidence.

Minimize Penalties

Even if a conviction seems likely, an experienced attorney can work to reduce penalties through alternative sentencing options like treatment programs.

Why Choose Fienman Defense to Refute DUI Tests?

At Fienman Defense, we bring extensive experience and advanced training in DUI testing procedures to our clients. Attorney Michael Fienman has completed the same standardized field sobriety testing (SFST) training as law enforcement, allowing him to scrutinize evidence and identify weaknesses in the prosecution’s case.

• In-Depth Knowledge of Testing Procedures: With advanced training in DUI detection, Attorney Fienman can better identify testing flaws, giving you a stronger defense.
• Client-Centered Approach: We understand the stress of DUI charges and offer compassionate, personalized support for each client.
• Relentless DUI Defense: Our team fights aggressively to protect your rights and pursue the best possible outcome for your case.

Standardized Field Sobriety Testing Certified

Pennsylvania DUI Law

The Pennsylvania Code under Title 75, Chapter 38 describes and defines DUI. Read the code here.

Attorney Fienman leverages his extensive knowledge and training to provide strategic defense for clients facing DUI charges, focusing on challenging evidence and procedural errors and ensuring fair treatment under the law.

Call Fienman Defense at (215) 398-1944 for a free DUI consultation.

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.

Frequently Asked DUI Testing Questions