Legal Question in DUI Law in Pennsylvania

DUI Breathalyzer

My husband recently got stopped at a DUI checkpoint in PA. He admitted to having a few drinks, did the testing, did a breathalyzer and then had his blood drawn in the mobile unit. They would not tell him what he blew on the breathalyzer and when I picked him up fuming they did not tell me when I asked. Now, we were not demanding, but we asked 3 times. Then the next day an officer told me it would take 30 days to get the results of the blood test. Are they able to keep the results of the breathalyzer from us?


Asked on 8/18/08, 1:45 pm

2 Answers from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: DUI Breathalyzer

The breathalyzer given on the road is an inadmissible field sobriety test. The blood test is the one that will determine whether charges will be filed. Sounds like it may have been a State Trooper (or department uses State Police testing facility) because they are backed up and take up to a month to issue results.

There are many defenses and possible areas in which a local attorney can help you. We have been in Montgomery County for over 25 years handling these types of cases.

Contact me for further assistance.

Jim

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Answered on 8/19/08, 9:02 am
Daniel Cevallos Cevallos & Wong, LLP

Re: DUI Breathalyzer

They typically do not give you the results until later because they don't need to. They will not keep the breathalyzer results from you, but you will need an attorney to properly request the discovery materials, including the testing, the machine inspections, etc. Feel free to call our offices. We offer the most competitive rates on these cases and are frequently able to get our clients the equivalent of probation.

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Answered on 8/18/08, 4:16 pm


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