Legal Question in DUI Law in Pennsylvania

I recently got a DUI in Lower Merion, PA and it was at a DUI checkpoint. I pulled up to the officers and they asked the usual questions (where you going, what were you doing). They saw that I had a half empty bottle of wine in the back seat (from dinner a couple hours before) and decided to have me get out of the car. They took me to the side and gave me a field sobriety test (which I passed) and then gave me a breathalyzer. I then blew a .146. They took me to the station and gave me another breathalyzer there (.144 this time). I signed a paper in which I believe it was agreeing to the breathalyzer. I was never given a blood test (which I thought they had to do) and now I am wondering what my options are. I have never been in trouble with the law before and this would be my first DUI. I know they offer ARD for first time DUI and do not know if I have any grounds to fight this.


Asked on 8/23/11, 11:15 am

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

DUI Checkpoint cases are very defensible, and there could be issues with the breathalyzer. You should look at discovery before considering ARD. Only if the case is not beatable should you consider a request for ARD. Please call our offices with any questions. 2676393105

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Answered on 8/24/11, 9:24 am


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