Legal Question in DUI Law in Pennsylvania

Breathalyzer Procedures

I am a minor in PA who received an underage drinking fine and suspension of my license after receiving a.10 on a breatalyzer test. I have read into this a bit and saw something about the test having to be given twice consecutively. I was only given the test once. Was the test given to me wrong and if so will that be enough to life the fines or the suspension of the license. Also if my parents give their consent since it was on their property, does that have an effect?


Asked on 8/03/00, 11:42 am

1 Answer from Attorneys
Patrick Henigan Eckell Sparks

Re: Breathalyzer Procedures

You are mixing up evidence for DUI and underage drinking. Any underage drinking is a crime, be it one beer or ten. You can be convicted solely on the officer saying he observed you with alcohol (control or possesion) or smelled alcohol on your breath. If you have not had your hearing yet, get a lawyer. You may be able to get the officer to agree to a disorderly conduct charge where you don't lose your license.

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Answered on 9/13/00, 7:35 am


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