Pennsylvania DUI Evidence

Pennsylvania law permits police officers to request PA DUI suspects to submit to chemical tests of their blood, breath, and/or urine for purposes of determining BAC or drug levels.

In practice, however, urine tests are rarely requested.

Furthermore, although the statute states that the police officer has the sole discretion of which and how many tests will be requested, in practice breath testing is the most commonly requested test in Pennsylvania DUI cases.

BREATH TESTING - Chemical breath tests must be performed in accordance with the rules and procedures of the Departments of Health and Transportation. Breath machines are required to be properly calibrated and maintained to ensure accurate results. Only qualified persons as speficied in the statute may perform breath testing in DUI cases.

PRELIMINARY BREATH TESTING - Pennsylvania law permits police officers to administer portable breath tests to DUI suspects on scene prior to arrest.  The preliminary breath test (PBT) is solely to be used to assist the officer in obtaining probable cause for a DUI arrest.  The results of a PBT are not admissible in court, nor can refusal of it be admissible or punishable You may refuse to submit to a PBT without penalty.

BLOOD TESTING - Blood testing is not as common in Pennslyvania DUI cases as breath testing is, but it is the most accurate method of determining a person's BAC. Blood testing may only be performed by qualified persons as specified in the statute. Failure to properly preserve or test the sample will compromise the reliability of the test results.

URINE TESTING - Urine testing is commonly requested in cases where the police suspect impairment by drugs. Urine testing also must be performed in compliance with the rules and regulations set out by the Departments of Health and Transportation.


RIGHT TO INDEPENDENTLY ANALYZE SAMPLE - Pennsylvania DUI law allows DUI suspects, upon request, to send a portion of the police-collected blood sample to an independent labratory of his/her choosing for additional analysis.

RIGHT TO INDEPENDENT TEST - Pennsylvania law also provides DUI suspects with a right to an additional, independent test of their breath, blood, or urine at their own expense upon request. Failure to obtain an independent test does not affect the admissibility of the chemical test perfomed by the police.