Blood Testing in Pennsylvania DUI Cases: What You Need to Know
Being charged with a DUI in Pennsylvania is a serious matter, and the results of blood testing often play a crucial role in your case. At Mike Sherman Law, we understand that science is at the heart of Pennsylvania DUI prosecutions, and we use our expertise to challenge faulty blood test results. If you are facing a Pennsylvania DUI charge, understanding how blood testing works—and how it can be challenged—is critical to your defense.
The Role of Pennsylvania's Implied Consent Law
Under Pennsylvania's Implied Consent Law, anyone arrested for DUI is required to submit to a chemical test of their blood or breath. Refusing to comply can lead to automatic license suspension and additional criminal penalties. However, this law doesn't mean the police have unlimited power to test your blood. Did the officers have probable cause? Did they obtain a search warrant? These are key questions your Pennsylvania DUI attorney must ask.
The U.S. Supreme Court has ruled that police must have a search warrant to take your blood unless you voluntarily consent. If they failed to meet this requirement, the blood test results may be excluded, potentially leading to reduced charges or even dismissal of your case.
Where and How Blood Is Tested Matters
In Western Pennsylvania, DUI blood samples are typically analyzed by certified hospitals, the Allegheny County Medical Examiner's Office, or the Pennsylvania State Police crime lab. These facilities use different methods for testing, and both are prone to errors:
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Hospital Testing: Often used for medical purposes rather than legal standards, hospital blood tests can lack the precision required for court proceedings.
- Crime Lab Testing: While more rigorous, crime labs still make mistakes, such as mishandling samples, improper calibration of equipment, or failing to adhere to their own protocols.
How your blood sample is preserved and stored is also critical. Any deviation from proper procedures can compromise the results. An experienced Pennsylvania DUI attorney must scrutinize every step of the process to identify errors.
Legal Arguments Against Blood Testing
Blood test results are not automatically admissible in court. An effective defense can involve:
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Challenging Probable Cause: Did the officer have a valid reason to stop you and request a blood test?
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Questioning Why There Was No Search Warrant: If there was no search warrant, the blood test may not be admissible in court.
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Questioning the Validity of the Search Warrant: Was the warrant obtained legally and executed properly?
- Arguing Against Consent: If you refused the test, your attorney can challenge whether the refusal was valid or whether the police coerced you.
These defenses require an attorney who is not only knowledgeable about Pennsylvania DUI law but also skilled in challenging scientific evidence.
Scientific Knowledge Is Essential
Mike Sherman is one of only a handful attorneys in Pennsylvania to complete a five-day intensive course at Axion Analytical Labs in Chicago. There, he gained hands-on experience in how blood samples are tested and analyzed. This specialized training allows him to:
- Spot errors in lab procedures.
- Cross-examine lab technicians effectively.
- Present alternative scientific explanations for blood alcohol levels.
This level of expertise gives you a significant advantage in court.
Common Issues with Blood Testing
Many factors can compromise the accuracy of blood test results, including:
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Improper Storage: Blood samples must be stored at specific temperatures to prevent fermentation, which can artificially inflate blood alcohol content (BAC).
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Contaminated Samples: Poor handling or failure to use sterile equipment can taint the results.
- Calibration Errors: Machines used to test blood alcohol levels must be regularly calibrated and maintained. Even minor errors can lead to inaccurate readings.
By identifying these issues, we can challenge the reliability of the evidence against you. There are many other issues as well.
Have we successfully challenged blood tests? Of course! To see real-life examples of successful cases were we have challenged blood tests, go to our case results page.
What If You Refused the Blood Test?
Refusing a blood test is not the end of your case. If you refuse a blood test and the police failed to obtain a search warrant, you may be able to get a lower criminal penalty. For example, if you are facing a third offense DUI, the penalty is one-year in prison and a felony conviction. But, if the police failed to obtain a warrant, your penalty would be reduced to ten days in jail and a misdemeanor offense. In some cases, it may benefit you if the police failed to obtain a warrant or mishandled the situation.
Reducing the charges will also result in reducing your license suspension. In the above example, the license suspension would be reduced from 18 months to 12 months. You will be able to drive with an ignition interlock after 6 months.
Remember: You will also be facing administrative sanctions from PennDOT. PennDOT will try to give you a 12 to 18 month license suspension for refusing the chemical test in addition to the criminal penalties. But chemical test refusal suspensions can be appealed. You only have 30 days from the date you receive your notice from PennDOT. Contact us today at (412) 471-5000 to discuss appealing your PennDOT refusal penalty.
If you refused a blood test, it could open the door to negotiating reduced charges or even a dismissal. You need an experienced Pennsylvania DUI defense attorney to fight for you.
To learn more about chemical test refusals, how it impacts your case, and the PennDOT appeals process, go to our Chemical Test Refusal Page.
The Mike Sherman Difference
When you choose Mike Sherman Law, you're getting more than just legal representation. You're getting:
- A Former State Police Attorney: Mike's insider knowledge of law enforcement practices gives him a unique perspective on how to defend your case.
- The Author of the Pennsylvania DUI Textbook: Mike literally wrote the book on DUI law in Pennsylvania, which is used by attorneys statewide.
- Teacher of DUI defense techniques to attorneys statewide.
- A Scientific Approach: From analyzing blood test results to consulting with top forensic experts, Mike Sherman's methodical approach ensures no detail is overlooked.
- Over 37 years of courtroom experience.
- Personalized Representation: 24/7 direct messaging for clients.
Take Action Now
Facing a DUI charge is overwhelming, but you don't have to face it alone. At Mike Sherman Law, we'll fight tirelessly to protect your rights, challenge the evidence, and secure the best possible outcome for your case.
Call today for a free, no-obligation consultation at (412) 471-5000. Don't delay—the sooner we start building your defense, the better your chances of success.
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