Articles

On April 17, the United States Supreme Court decided Missouri v. McNeely. The question presented to the Court was, Does the natural elimination of alcohol from the body create a per se rule allowing the State to perform a blood test without a warrant in a DUI case? The Court held that it does not. […]

When police suspect a motorist of driving under the influence of drugs there may be no odor of alcohol and a PBT breathalyzer may show no BAC. In this situation, police will sometimes use a Pennsylvania Drug Recognition Expert (“DRE”) to render an opinion regarding whether a motorist is under the influence of drugs. A […]

Portable breath tests, such as the Alco-sensor, and full size breathalyzers, such as the Intoxilyzer, purport to only detect the presence of alcohol in a person’s breath. But did you know that some foods can give off false positives? Even though these devices claim to detect alcohol only and not other chemicals such as acetones […]

One defense to DUI that a criminal defense attorney may use is that the blood sample was not refrigerated properly at the hospital or during transportation. Sodium Fluoride and other chemicals are typically used to preserve the sample, but some say that even with preservatives, a sample left unrefrigerated for as little as an hour […]

In a landmark decision Pennsylvania Court of Common Pleas Judge Lawrence Clark ruled that blood alcohol concentration readings from the widely-used Intoxilyzer 5000EN breathalyzer machine are not accurate above a BAC of .15% or below a BAC of .05%.  Furthermore, any readings from any machine manufactured by CMI, Inc.  are likely inadmissible based upon the fact […]