Typically, the police require a person arrested for drunk driving to submit breath samples for testing. Although breath testing utilizes principles of science, people are still needed to operate the breath testing machines.Therefore, human error often comes into play when a police officer operates a breath testing device to determine a blood alcohol level.
A number of different breath testing devices are used in Pennsylvania.Some of these breath testing machines include the BAC Datamaster, Intoxilyzer 5000, Intoxilyzer 8000, and Breathalyzer.In New Jersey, the Alcotest 7110 is the primary device used for evidential breath testing.The Alcotest 7110 replaced the Breathalyzer.
No matter which device was used, the prosecution must always meet specific requirements for the breath results to be admissible in court. First, there must exist documentation showing the breath testing device was in proper working order. Second, the operator of the machine must have been properly trained and certified. Third, the person tested must have been observed for a specific period of time. Fourth, the machine must have been operated in the proper manner.
Often, the prosecution fails to meet the legal standards set for the admission of breath testing results.A properly trained DWI / DUI attorney will be able to determine if any errors or omissions were made by the police or prosecutor.