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Expired solution for breathalyzers compromises recent DUI charges

Many Philadelphia residents will consume alcohol while they are enjoying summertime events. It can be a good way to enhance the experience of the event, but it can also lead to poor choices. One of these choices is to get behind the wheel and drive. If the person is caught, that person could be charged with a DUI.

When a person is stopped on suspicion of driving under the influence, the police must determine the person's blood alcohol concentration at the time. The primary way to determine this is through a breathalyzer test, which many people are familiar with.

Recently, the Philadelphia police realized that there was a period of four days in January of 2016 when the solution used to determine BAC through the breathalyzer machine was expired. During that span of time it is estimated that 500 to 1,000 people were arrested for DUIs and tested with the expired solution. The police maintain that even though the solution was expired the results of the tests were still accurate, but defense attorneys disagree and believe those tests were compromised. If the test is compromised then the charges would need to be dropped or convictions overturned, according to an attorney.

Many people in Philadelphia are charged with a DUI each year. Even if the person was tested with solution that was not expired, there still may be defenses available to them depending on the facts of the case. These defenses oftentimes are very fact-specific and must be looked at on a case by case basis.

Source: NBC10.com, "Hundreds of Philly DUI cases possibly compromised due to expired solution used in testing of breathalyzers" David Chang, July 1, 2016

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