Legal Question in DUI Law in Pennsylvania

Testing
My husband was arrested for dui in 2004. He suffers with COPD reducing his lung capacity to less than 50% and he had a cold at the time he was arrested. The officer in question told him he had to take a breathalyzer test. My husband requested a blood test 3 times due to his condition and was refused by the officer. The officer testified to this at the time of the 1st appeal that the type of test that he gave my husband was at his discretion. Our doctor also gave a deposition to the condition my husband suffers from. But the judge at our appeal said that he our doctor was not an expert on the breathalyzer machine and that he has been overturned so many times that he figures he has to take his license. Is being arrested for DUI just a money making racket for the state or can we possibly get justice without having to pay an arm and a leg. I will appreciate any assistance you can provide me.

Asked on 1/14/06, 10:22 pm

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Re: Testing

Is DUI a money making racket for the state? Yes. And for "treatment" providers, and others.

What is happening with your case? You said that there was an appeal? An appeal of what? Before what court? Where is the case now?

Answered on 1/14/06, 10:56 pm

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