Legal Question in DUI Law in Pennsylvania

breathalyzers

can they be wrong or malfunction


Asked on 7/03/07, 8:38 pm

3 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: breathalyzers

absolutely.

feel free to call or email. 215.825.5183, [email protected].

Good Luck.

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Answered on 7/03/07, 9:57 pm
John Gibson John W. Gibson, Esquire

Re: breathalyzers

Yes. It is rare, though. Generally the police, especially the State Police, are very careful that the breathalyzer is calibrated and certified.

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Answered on 7/06/07, 3:09 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: breathalyzers

Sure they can, but your question is a lot more involved than that. If you had a dui and a breathalyzer was used, then you first want to have a lawyer prepare an application for admission to the alternative rehabilitation disposition. If you are not eligible, or if you really believe that the breathalyzer was wrong (not that you were okay to drive, but that the breathalyzer could not have been right), then you can attack the breathalyzer on a number of possibilities: when was it last tested? When was it tested after your test? Did the cop who used it have the proper certification? There are a number of potential attacks. Feel free to call our offices with any questions you may have.

-Danny

[email protected]

267.639.3105

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Answered on 7/04/07, 10:57 am


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