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CHEMICAL TESTS
Implied Consent Law
Each person who drives in the state of Pennsylvania is deemed to have given his/her consent to one or more chemical tests of their breath, blood, or urine upon a lawful request. A request is considered lawful where the police have reasonable grounds to believe the person was driving, operating, or in actual physical control of the movement of a vehicle while under the influence of controlled substances and/or alcohol. Failure to comply with a lawful request will be considered a "refusal." The fact that you refused to take a test will be admissible against you in court as evidence of your guilt.
Once placed into police custody, a Pennsylvania DUI suspect must be read his/her implied consent rights if a chemical test is going to be requested. The implied consent rights inform individuals of the consequences of their refusal so that they may make an inform decision of whether or not they wish to take the test. Failure of the police to advise suspects of their implied consent rights may become an issue that will affect the admissibility of the test results or evidence of refusal. Refusals carry an automatic suspension of your driver's license or privilege to drive within the state for a period of 1 year, or 18 months if you previously refused chemical testing. See the License Suspension page for more information.
Who Gets to Pick Which Test I Take, Me Or The Officer?
Although there are currently three different chemical tests (blood, breath, and urine) that measure a person's blood alcohol content. The availability and usage of them differ from jurisdication to jurisdiction. The decision of which test will be administered is made by the police officer, depending on the local laws of any particular jurisdiction. The officer has the discretion as to which test will be administered. If a driver is suspected of driving while under the influence of drugs, a blood test will almost certainly be given. If a driver is suspected of driving while under the influence of alcohol, breath and blood tests are the most common.
A handheld preliminary breath test (PBT) is often used to by an officer to make an arrest decision in a DUI case. These devices are inaccurate, typically inadmissible, and should not be relied on. The results of this test are not admissible at trial to prove that you were under the influence, however, the results may form the basis for probable cause. In other words, if you are over the limit on the PBT you will asked to take another test, either blood, breath or urine.
PBT's are handheld breath testing devices that are used in the field. They are different then the breath machines used at the police station. They are smaller and typically have an LCD readout. Unlike the large station breath machines, PBT's lack the ability to print out the result.
Remember that submitting to any chemical test is voluntary and can always be refused. Your refusal will carry penalties however. In Pennsylvania, you will generally lose your priviledge to drive for a period of one year if you refuse a chemical test. This suspension will be in addition and consecutive to any suspension you receive as the result of a conviction for D.U.I.
Additionally, testing of your blood may be made without your consent in cases where you receive medical treatment.
Laboratory analysis of DUI blood samples
How a crime lab analyzes DUI blood samples is a major issue. From the accreditation of the lab, to the preparation of the samples, to the instruments used in testing, there are numerous potential pitfalls.
The most common form of blood laboratory analysis is called Gas Chromatography, a process in which a sample of blood is analyzed using a Gas Chromatograph instrument. Gas Chromatography is currently the most popular method for analyzing B.A.C. levels in a blood sample of a DUI suspect. There are two methods of Gas Chromatography analysis, headspace gas chromatography and direct injection chromatography. In addition to Gas Chromatography, another less commonly used method is called the Enzymatic Method.
Chain of Custody For Blood Samples In DWI Cases
In order for a DUI blood test result to have any evidentiary value in court, a proper chain of custody must be kept. The prosecution must lay a proper foundation in order to admit blood test results in court. For a sample to be admissible, the prosecution bears the burden of establishing:
-The person who drew the blood;
-That the person who drew the blood was qualified to do so;
-The time and location the sample was taken;
-The circumstances under which the sample was obtained;
-The labratory technician who analyzed the sample;
-The qualifications of the lab technician;
-That the sample was accounted for the entire duration of testing
-That the testing instrument the sample was analyzed on was properly calibrated and maintained;
-That the method of testing was an established method commonly accepted in the field;
-That the sample was properly preserved and stored prior to testing and during transport.
Any time the blood sample changes hands, a document must be signed and dated, with the time of receipt acknowledged. This is to ensure that someone is responsible for the sample at all times, to prevent any chances of tampering with the evidence. Rules specify where the blood sample is to be kept and stored during transport, as well as the timing requirements. If a sample does not comply with certain procedures, the judge may determine the BAC results to be inadmissible. Additionally, the prosecutor may even decide to dismiss the case.
If you have been arrested for DUI and were subjected to a blood draw, contact an experienced DUI defense attorney in your state. Failure of the police to follow proper procedures may entitle you to suppression of your BAC results and help in plea negotiations.
P E N N S Y L V A N I A - D U I CHEMICAL TESTS - DUI - PENA L T I E S
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Pennsylvania D.U.I. Information
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