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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DUI Mailbag: What Does Invalid Sample and Invalid Test Mean?
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: I was recently arrested for a DUI and taken to the station for testing. The machine was an…
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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…
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Caught: DUI Breath Test Center bad acts
Why there should be cameras in DUI processing centers, blood draw areas and even labs…. It’s not just a Florida problem folks. -Justin J. McShane, Esquire, Pennsylvania DUI Attorney I am the highest rated DUI Attorney in PA as Rated by Avvo.com You can follow me on Twitter, Facebook or Linkedin Board Certified…
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How to Find a DUI Lawyer in Pennsylvania: Breath Test Machines
In our current series How to Find a DUI Lawyer in Pennsylvania, we are examining what information an average citizen should gather in order to select the best DUI Lawyer. Here are the topics we have covered so far: What is a DUI Lawyer? Question #1: What specialized DUI training have you attended over the past…
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Beat the Breath Test or the Breath Test Beat You?
As a highly regarded DUI attorney, I invariably get asked “Well, how do I beat the breath test machine?” I always respond, “Don’t worry about beating the Breath test machine. Worry about it beating you.” What I mean by this is that the machine can over-report your true Blood Alcohol Content. In other words, the…
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Bad Breath: How You Can be Guilty Not of a DUI, but Guilty of Eating a Hoagie
A FALSE POSITIVE: We can think of a lot of things in our every day lives that can provide for false positives such as: pregnancy tests quick screen mammograms prostate marker screening tests for cancer PAP smear BREATH TEST MACHINES! We are all probably familiar with the idea of a false positive. Technically, Merriam Webster’s Medical Dictionary defines…
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