Tag Archives: Breath Machines
New legislation contains a provision for research into ignition interlock devices to be installed as standard equipment in automobiles. Is this really just research or are there bigger motives behind this?
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They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous [...]
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The National College for DUI Defense (NCDD) sponsors the most intensive and advanced DUI training seminars an attorney can attend. Not only do the Pennsylvania DUI attorneys at The McShane Firm regularly attend these seminars, I have been invited to present my research at the 2012 NCDD Winter Session to be held in Orlando from [...]
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Another Week, Another Breath Testing Scandal- I Think I See a Pattern
May 13, 2011 by Justin McShane
Another week, another breath testing scandal. Whether it’s Philadelphia or our nation’s capital it seems like states and counties all over the country are reporting the same issue- faulty breath testing equipment leading to erroneous BrAC readings and false DUI arrests and even convictions. This week it’s Santa Clara’s turn. The problem is not limited [...]
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[Blogger's note and update 3/23/2011: We have been up-to-date on this developing story. The issue as far as we see it is going to effect literally thousands of convictions. The "issue" goes back to the switch over to the Intoxilyzer 8000 which occurred in September 2009.] When I tell people that I am a PA [...]
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One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people. In one case, a Minnesota man tested positive for alcohol and was sent to jail because this [...]
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If I am stopped for a DUI in PA, am I required to Take the Hand-held Breath Test? A lot of people get into trouble simply for not knowing their rights when stopped for a PA DUI. Police know this and try to intimidate people into obeying their orders and in the process forgo the [...]
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The Intoxilyzer 5000 is one of the most commonly used breath machines in the United States. It is used for DUI testing in Pennsylvania as well as all over the country and, in a nutshell, it’s a piece of crap. It is not accurate and not even specific to alcohol. In fact, a group of [...]
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Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today: Dear Pennsylvania DUI Lawyer, My 20 year old son was charged with a DUI while he tested at [...]
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The Government wants to install alcohol detectors in cars, but is that a good idea? Schumer calls for alcohol detectors in vehicles WASHINGTON — Sen. Charles E. Schumer said Thursday he’ll push for legislation to boost alcohol-detection technology in cars, which he said could greatly reduce drunk driving — especially for repeat offenders. Basically the [...]
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