Bad Breath: How You Can be Guilty Not of a DUI, but Guilty of Eating a Hoagie


We can think of a lot of things in our every day lives that can provide for false positives such as:

  • pregnancy tests
  • quick screen mammograms
  • prostate marker screening tests for cancer
  • PAP smear

We are all probably familiar with the idea of a false positive. Technically, Merriam Webster’s Medical Dictionary defines it as:

False Positive: Relating to or being an individual or a test result that is erroneously classified in a positive category (as of diagnosis) because of imperfect testing methods or procedures

Absolutely.  Breath Test machines.  Yes, the supposedly fancy scientific government box that produces the magic number that can cause someone from going from a driver to a walker, from a free person to a jail bird, from a respected member of society to an ex-convict.

This can’t possibly happen, right?

Oh, but it can and it does happen all across the United States.   A conviction based upon a false positive.

Don’t believe me?

We at the McShane Firm, LLC made a video about it.

All you have to do is watch the video below and learn how you can be proven guilty of eating a hoagie.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

3 responses to “Bad Breath: How You Can be Guilty Not of a DUI, but Guilty of Eating a Hoagie”

  • I was charged with a DUI in June. The attorney that I retained did not show up at my arraignment. I was told that he no longer worked there and was also told that he had broken his leg and had to turn over all of his cases to another attorney.
    Since then I have retained another high profile attorney that is a frequent guest on a harrisbug radio show but I am still not sure if he is properly prepared to defend my case.
    I was not in an accident but I do have a prior conviction from a check point.
    I was pulled over late at night after I passed a trooper on a deserted country road. My next hearing s scheduled for march 3.
    Any comments?

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