Blood and Breath Tests
Blood & Urine
Pennsylvania’s Implied Consent Law requires that you submit to a chemical test of your blood, breath, or urine if you are arrested for DUI. In Western Pennsylvania, when blood is drawn, it is tested at either a certified hospital or a county or state crime lab. There is a huge difference between hospital testing and crime-lab testing. Both types of testing can be fraught with error. Furthermore, preservation and storage methods of testing samples are always critical to determining the accuracy of these tests.
Breath testing usually takes place at a police station. There are certain regulations that the police department must follow with regard to the servicing and maintenance of breath testing devices. These regulations are not always followed. In addition, certain health conditions can interfere with breath testing devices and create a false reading. For example, acid reflux or GERD (gastroesophageal reflux disease) can produce a false reading on a breath test device.
Faulty Tests as DUI Defense
Problems with testing devices and methods can often provide a great defense in a DUI case. But to use this defense properly, you need someone who knows the language and science related to the testing. Mike Sherman is the only attorney in Western Pennsylvania and one of only 4 attorneys in the state to attend a 5-day course at the prestigious Axion Analytical Laboratory in Chicago. There he worked in a lab learning how blood samples are tested and analyzed. Contact former Pennsylvania State Police attorney Mike Sherman to find out if the use of faulty testing methods could be a defense in your case.