Legal Question in DUI Law in Pennsylvania

breathlyzer tests

Is it constituional/legal for PA,police to perform a breathlyzer test on an 18yrs old walking home to his dorm and suspending his drivers license for 3 months plus $ 210.00 fine ??


Asked on 11/05/07, 7:48 am

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

Re: breathlyzer tests

I've answered this when it was phrased another way but the answer to it in this form is yes. The results of the breathalyzer should be suppressed but a charge of underage drinking may be supported by an officer's testimony that he smelled alcohol on the breath of a minor. There could be some jurisdictional issues here and you may want to hire an attorney to defend the case but it will be more expensive than paying the fine.

Read more
Answered on 11/05/07, 10:27 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Pennsylvania