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Did I get a DUI? Failed Breathalyzer yet not arrested.

Reading, PA |

I was pulled over for going down one way , cop suspected me of drinking and provided a Breathalyzer test . I asked for a field test but was told this was faster . He came back to let me know I had failed yet didn't tell me the percentage . He had to take a call and gave me the Breathalyzer tube and told me to walk home . He kept my license , registration and insurance card . I don't know if I got a DUI or should contact the police officer to see if he just forgot to give them back .

Attorney Answers 5


  1. The fact pattern sounds odd. You should not post anymore information on line and expect a criminal complaint to be fed. You should hire an experienced criminal defense attorney to represent you. Good luck.


  2. You should speak to an experienced DUI attorney in your county. You should definitely not speak to the police without your attorney. From the little bit you have posted, it looks like you were given a breath test on a field breathalyzer unit. An attorney should be able to clear up what, if anything you will be charged with.


  3. I agree the background here is unusual but certainly helpful if you receive charges. The breath test you performed is a field pre-test the results of which are not admissible against you. It is a screening device to provide the officer additional information in deciding what to do with you. If you are charged, they will come in the mail with a Criminal Summons. Read everything you receive carefully and speak privately with an experienced criminal defense attorney who handles DUI cases regularly. Good luck.


  4. I agree with my colleagues. Do not post any more information online and consult with a criminal attorney. I suspect that charges will be filed and a summons will be mailed to you ordering you to appear in court on a specific date at a specific time. You need to attend this hearing or a bench warrant may be issued for your arrest.


  5. Super simple, get an attorney!

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