[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…
read more »Tag: Breath Machines
Does a DUI charge only prove you have good hygiene?
One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people. In one case, a Minnesota man tested positive for alcohol and was sent to jail because this…
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Dear PA DUI Attorney: Should I Take a Portable Breath Test?
If I am stopped for a DUI in PA, am I required to Take the Hand-held Breath Test? A lot of people get into trouble simply for not knowing their rights when stopped for a PA DUI. Police know this and try to intimidate people into obeying their orders and in the process forgo the…
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Defense Attorneys Challenge Intoxilyzer 5000
The Intoxilyzer 5000 is one of the most commonly used breath machines in the United States. It is used for DUI testing in Pennsylvania as well as all over the country and, in a nutshell, it’s a piece of crap. It is not accurate and not even specific to alcohol. In fact, a group of…
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PA DUI Mailbag: I Thought .08 was a DUI in PA?
Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today: Dear Pennsylvania DUI Lawyer, My 20 year old son was charged with a DUI while he tested at…
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Congressional Bill calls for alcohol detectors in vehicles
The Government wants to install alcohol detectors in cars, but is that a good idea? Schumer calls for alcohol detectors in vehicles WASHINGTON — Sen. Charles E. Schumer said Thursday he’ll push for legislation to boost alcohol-detection technology in cars, which he said could greatly reduce drunk driving — especially for repeat offenders. Basically the…
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Faulty Machines Lead to 400 DUI Convictions in D.C.
Just because someone blows a high number, doesn’t mean they are guilty of DUI. These breath machines are quirky and if not calibrated properly (a very common problem) they can yield artificially high measurements. They are not specific or selective for exclusively drinking alcohol or ETOH. Look what happened in our nation’s capital: 400 drunken-driving…
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Self-Regulating Butchers and Police Officers
Pennsylvania residents don’t trust self-regulating butchers, so why do they trust self-regulating police officers and technicians? I came across an article about self-regulation that I would like to share: Pennsylvania mulls handing weights and measures inspection to private sector When consumers get a bad meal, they know it. But getting shortchanged on a few ounces of…
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Dude, I just got convicted by a breath test machine that was state-of-the-art in 1984
I frequently talk to people about evidentiary breath testing. I explain the weaknesses of one infamous and silly device called the Intoxilyzer 5000. This is the breath test machine used by the Harrisburg Police Department and other surrounding police departments. After I explained a lot of the shortcomings it seems that about 9 out of…
read more »Do the Police ALWAYS tell the truth in DUI prosecutions?
Not every police officer lies. Not every police officer colors the truth. Not every police officer embellishes. But there are enough. If there is one that is too many. Let’s face it police officers are human. They are motivated like we all are. To not lose, to win. To do the job efficiently and some…
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