Legal Question in DUI Law in Pennsylvania

Re: Breathalizer Test on Minors

It depends if you want to spend thousands of dollars to assert the consitutional issue or if you want to spend hundreds to keep your son's record clean. I don't believe that blood alcohol level rises to a crime even in a minor. Unless there is other evidence of intoxication(observed stagering), or he admitted his guilt the case should be either winnable or able to be dispossed of in an alternative manner.

Re: Breathalizer Test on Minors

This is a case that should not have even been filed, the amount of alcohol listed is so low it could be considered a trace element of say a mouth wash..ext. You should immediately retain an attorney to fight these charges.

Please review my website for additional drinking information at www.AlleghenyAttorneys.com.

Sincerely,

Marc V. Taiani, Esquire

AAAL-Allegheny Attorneys At Law

Re: Breathalizer Test on Minors

I agree with what Attys. Taiani and Johns told you, if, in fact, you have accurately reported the blood alcohol level here. A specific answer to your question, though, is no, it is not illegal to do a breath test on a minor without parental consent.

However, there are other issues here. Why did the police stop the kids for the test? They need probable cause to do so. Did they see one of them drink? Was there alcohol in view? If not, and there was no probable cause, your son's constitutional rights could have been violated.

Probably what will occur is your son will be given the equivalent of ARD, be required to go to some classes, etc., at his cost, and then the matter will be dropped. It's your choice as to whether to accept that route or fight the whole matter on constitutional grounds.

You should consult with an attorney.