The technician is not required to internally examine a breathalyzer machine before checking it for accuracy and calibrations. This was outlined in the case of Commonwealth v. Demor of 1997. Only those machines which have failed accuracy and calibration testing under 77.24 (b) or 77.25 (b) must be serviced, repaired, or adjusted as needed, and then retested for accuracy and calibrations. Malfunctioning means failing to perform on accuracy and calibration tests required to be performed under the rule. The Commonwealth's introduction of a calibration certificate of accuracy and the Pennsylvania Bulletin to prove that the machine in question did not malfunction is not this positive.
The certificate only proves that the device was properly tested and that during testing it had delivered an accurate reading to the level that was required. The certificates do not provide presumptive evidence to the jury on the accuracy of the breath test results in question, but only presumptive evidence of the accuracy of the testing equipment. The Pennsylvania Bulletin only proves that the equipment is approved by the Department of Transportation. This is relevant to the case of Commonwealth v. Stoops, which your Chester County DUI lawyer should have in his or her office. The procedures for alcohol breath testing must include, at a minimum: one to consecutive actual breath tests, without a required waiting. Between the two tests; to one simulator test using a simulator solution designed to give a reading of .1 the rope percent, conducted immediately after the second actual alcohol breath test has been completed. The lower of the two actual breath test results will be the result used by the prosecution of the Chester County DA's office.