DUI Testing Concerns
By: Kevin Flanigan
Updated: January 3, 2013
ALTOONA, BLAIR COUNTY - A decision handed down by a Judge in Harrisburg could change the way some driving under the influence cases are handled across Pennsylvania. On Monday, a Dauphin County Judge ruled that there is a problem with the calibration of some breathalyzers.
The Judge ruled that some of the machines used to measure a driver's sobriety cannot be considered accurate for blood alcohol content readings both well below and above the state's legal limit of 0.8 percent.
Blair County Defense Attorney Tom Dickey says the ruling could open the door to a wide range of legal challenges. That's because the ruling that some Breathalyzer results will not be accepted by the courts came after expert testimony that called into question how the testing equipment has been calibrated and maintained.
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While this ruling to toss out some D-U-I testing came in a Dauphin County case, if the District Attorney there does not appeal the case, or the state upholds the judge's decision, it could affect D-U-I charges across Pennsylvania.
The Judge ruled that some of the machines used to measure a driver's sobriety cannot be considered accurate for blood alcohol content readings both well below and above the state's legal limit of 0.8 percent.
Blair County Defense Attorney Tom Dickey says the ruling could open the door to a wide range of legal challenges. That's because the ruling that some Breathalyzer results will not be accepted by the courts came after expert testimony that called into question how the testing equipment has been calibrated and maintained.
.
While this ruling to toss out some D-U-I testing came in a Dauphin County case, if the District Attorney there does not appeal the case, or the state upholds the judge's decision, it could affect D-U-I charges across Pennsylvania.
