Legal Question in Criminal Law in Pennsylvania

Underage Drinking

If a person under 21 years old is given an underage citation for consumption of alcohol at a party after blowing a 0.02% on a breathlyzer, do they have the right to request a blood alcohol test to prove that they were not drinking? If so, what is it called if this right is denied by police?


Asked on 7/05/06, 1:31 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Underage Drinking

You could have gone to the hospital yourself and requested (and paid for) the blood test. The police do not have to honor a request to be driven to the hospital for a blood test, but nothing prevented you from going yourself.

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Answered on 7/05/06, 6:16 pm


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