Pennsylvania's Implied Consent Law requires that you submit to a chemical test of your blood or breath if you are arrested for DUI. In Western Pennsylvania, when blood is drawn, it is tested at either a certified hospital, the Allegheny County Medical Examiner's Office, or the Pennsylvania State Police crime lab. There is a huge difference between hospital testing and crime-lab testing. Both types of testing can be fraught with error. The accuracy of the testing depends on how the blood is preserved and stored. A detailed process must be followed. Often, the testing labs don't even follow their own rules for testing. Your lawyer must know how blood is tested so he can determine whether the result is accurate.
There are also legal arguments to be made regarding blood testing. Did the police even have probable cause to request a blood test? Did the police get a search warrant before they took your blood? The United States Supreme Court ruled that the police must get a search warrant before they take your blood. (The case does not apply to breath tests.) If the police failed to get a search warrant before they took your blood, we may be able to lower your charges or possibly get the case dismissed.
If you refused the blood test, you may still be able to get the charges lowered if the police did not get a search warrant. Courts are recognizing that as Americans, we have the right to refuse blood testing in certain situations.
Call immediately for your FREE telephone consultation to see if you may be eligible for a dismissal or reduction of your charges because the proper blood testing procedures where not followed in your case. Call Mike Sherman now at (412) 471-5000.
Faulty Tests as DUI Defense
Problems with blood 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 blood 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 using faulty testing methods can be a defense in your case.
We Can Help!
DUI is based on science. Mike Sherman has traveled the country learning the scientific, medical, and forensic aspects involved in DUI blood testing cases. If your lawyer doesn't understand the science or hasn't received training in the science used by the government when trying to convict you, they will not know how use the science to fight your case or fight the science being used against you.
Our extensive knowledge of the science used by the government to convict people for DUI gives you the upper hand when you walk into court. We work closely with noted scientific experts in blood testing. We can hire these experts for your case! Call us for a free consultation to discuss your case and we can discuss getting an expert involved so we can fight your case.
If you are facing a serious charge, don't delay. Call now to set up your free consultation at (412) 471-5000.
What is the Mike Sherman Difference?
Mike Sherman has unique experience and knowledge which he uses to protect his clients.
- Mike Sherman is a former attorney for the Pennsylvania State Police. He knows both sides of the law and uses that knowledge to benefit his clients.
- Mike Sherman wrote “the” Pennsylvania textbook on Pennsylvania DUI law, Driving Under the Influence Law and Practice.
- He uses a scientific method to investigate your case. Relying on his deep understanding of forensic science, he picks apart the evidence against you and looks for errors that he can challenge. He then carefully prepares your case with the goal of highlighting these issues and putting you in the best possible position.
If you are facing a serious charge, don't delay. Call now to set up your free consultation at 412-471-5000
- What Are Breath Testing Procedures in Pennsylvania?
- How Is A DUI Blood Test Conducted In Pennsylvania?
- What Is The Portable Breath Test? What Is It's Purpose?