Legal Question in DUI Law in Pennsylvania

Underage Drinking

When someone under the age or 21 is given a breathalyzer, does the police officer who gave the test have to ask if they consent to the test? Also, if they are given the test and blow a .02% and the PBT results are not written on the citations can the person get out of the citation due to the fact that they forgot to right the results on the citations


Asked on 2/19/05, 4:27 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Underage Drinking

While the fact the officer failed to note the blood alcohol level on the citation is not fatal to the prosecution it is evidence that the officer did not get the blood alcohol level he claims he got. Unless the officer physically forced the test or threatened physical force the test was voluntary. I offer free consultations.

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Answered on 2/19/05, 7:24 pm


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