Legal Question in DUI Law in Pennsylvania

breathalyzer and asthma

I was stopped for a traffic violation and arrested for DUI. I have asthma and used an albuterol inhaler 1/2 hour before I was stopped. I had 2 drinks 2 hours prior to being stopped. After being handcuffed, the officer gave me 2 puffs of my inhaler. Since I was still having difficulty breathing, he moved the cuffs to the front and gave me my inhaler to use in the police car on the way to the station and called the paramedics to meet us there. I used it 4 times on the way to the station. I refused treatment by the paramedics because I had no insurance to pay for it. Although my breathing was obviously impaired, I was told I had to take a breathalyzer. I was told if I could not do the test it would be considered a refusal and I would be taken to the couny jail. I did the test with great difficulty and it registered .13. I was not given the option to get a blood alchohol test. Can the results of the breathalyzer be considered accurate under these circumstances?


Asked on 7/04/08, 2:41 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: breathalyzer and asthma

The results may be questionable. However, in order to contest the results, if you decide to try the case you will probably need expert testimony to explain why the results wouldn't be valid in those circumstances and expert testimony, especially medical expert testimony is expensive. It will probably cost as much to bring in a doctor to testify as your attorney will charge for the trial. Of course, if your livelihood depends on driving, you may want to spend the money.

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Answered on 7/07/08, 2:03 pm


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