A Dauphin County trial judge has ruled that breath alcohol testing devices commonly used by law enforcement cannot reliably detect blood alcohol content above or below the calibrated range of 0.05 percent to 0.15 percent and therefore are not sufficient to meet the burden of proof in highest-rate DUI cases.
In Commonwealth v. Schildt, Dauphin County Court of Common Pleas Judge Lawrence F. Clark Jr. granted defendant Jason R. Schildt’s motion to quash a charge that he violated 75 Pa.C.S. Section 3802(c), which prohibits driving with a blood or breath alcohol concentration of 0.16 percent or more.
