[Blogger’s note and update 3/23/2011: We have been up-to-date on this developing story. The issue as far as we see it is going to effect literally thousands of convictions. The “issue” goes back to the switch over to the Intoxilyzer 8000 which occurred in September 2009.]

When I tell people that I am a PA DUI Lawyer, I am often times met with disdain because people think that everyone charged with a DUI is really guilty. This is really not the case as I have pointed out many times on this blog.  There are many innocent people who are charged with PA DUI violations due many factors.  One of these factors is bad breath testing equipment.

Philly Flunks Own Breathalyzer Test

Dozens of DUI cases in Philadelphia are set to be re-tried because of a bad breathalyzer, officials said on Wednesday.

Apparently, one breathalyzer used by police was showing incorrect blood-alcohol levels, MyFoxPhilly reports.

The district attorney’s office says in cases where people were found guilty solely because of the test, they will get a new trial.

In cases where other evidence was obtained, such as witness testimony or blood test, those defendants would not be reevaluated.

The problem could affect about 200 convictions.

Keeping a breath machine properly calibrated is really not that difficult. There are routine checks that need to be made and if there are problems, the manufacturers offer support. That is why this gross negligence is so appalling. This recklessness shows that these officers do not care about performing good police work. We are trusting cops who can’t keep their breath machines in order to keep our families and communities safe.

As an experienced Pennsylvania DUI attorney, I have witnessed the attitude of our police force on many occasions. I have also blogged extensively on the problems with police in PA in a DUI context.  The core issue is that there are a lot of police officers who are under-trained, a few are lazy, and others are careless. They are wrongly charging innocent people with DUI.  It is then up to us PA DUI attorneys to protect the rights of the citizen accused.

If you are wrongly charged with a DUI in PA please call 1-866-MCSHANE for a free detailed consultation.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.