Chester County DUI Lawyer Michelle Fioravanti

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DUI Driving Under the Influence Breath Tests Thrown Out By Judge

DUI Driving Under the Influence Breath Tests Thrown Out By Judge

A Pennsylvania Court of Common Pleas judge recently said breathalyzer machines aren’t accurate when determining the blood alcohol content for motorists charged with the state’s highest level of impairment in DUI drunk driving cases.  Dauphin County Common Pleas Court Judge Lawrence Clark Jr. recently ruled breathalyzers cannot be considered accurate beyond a blood alcohol reading of 0.15 percent or below 0.05 percent. In Pennsylvania, a driver is considered impaired with a blood alcohol level above .08. The judge’s ruling — which for now applies only to Dauphin County DUI cases — means the machines cannot be used to determine if a driver is drunk enough to be charged with the state’s highest level of impairment, which of course carries the...

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