Because of a ruling in Dauphin County, the breathalyzer will not be used by the PA State Police for now. According to a breaking news story today on Philly.com:
A judge in Dauphin County recently tossed out several DUI cases after learning that the manufacturer of a widely used breathalyzer – the Intoxilyzer 5000EN – had omitted a state requirement to have a liquid solution tested by independent labs.
“The judge ruled that could potentially make the samples no good,” state police spokesman Adam Reed said. “The case is being appealed; it is certainly far from over. But for cautionary reasons we have made the temporary decision that anyone we arrest for suspicion of DUI will not be given the breathalyzer test.”
Instead, he said, suspect drivers will be taken to a police facility or hospital to have blood drawn to measure the percentage of alcohol in their blood.
This does not mean State Police will stop using the mobile breath test as part of their investigation. They can still request a blood or urine test, and if refused, the driver will automatically have their license suspended per the Pennsylvania Implied Consent Law.
This may have far reaching effects on DUI convictions as lawyers reach out to have the DUI overturned or expunged from driving records.
