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How long should it take to get test results?

Tunkhannock, PA |

It has been almost 2 months. Is the police officer required to tell me the results of breath test when done? He said he stopped me for speeding (I don't think he clocked me on radar), then he asked if I was drinking. I said I had 2 drinks so he proceeded with breath and road tests. If he stopped me illegally can I still be charged?

Attorney Answers 3


  1. You can always be charged with a crime. The question is whether or not the government can prove that you committed a crime. If the stop of your vehicle was unconstitutional, a simplistic definition of which would be he didn't have probably cause to believe you committed a violation of the traffic code or other crime, then everything that occurred afterwards would be "suppressed," meaning that it couldn't be used at trial against and, as a result, you would most likely win your case. As to the breath test, if the officer just gave you a portable test at the scene of the traffic stop, then you won't get any formal test results. Rather, most likely if he files charges against you it will say whether or not you tested positive for alcohol. If he took you for a test with a large breathalizer machine, you would get the actual BAC or blood alcohol content when you get your charges.


  2. The state has about two years to file criminal charges once an investigation has begun. It's only been two months. There's still a lot of time left. Further, the police are not required to inform you of the results of a test unless they file charges. If they decide not to file charges for whatever reason, you may never hear them.

    A police officer does not need to use radar to stop you for speeding.

    If charges are filed, you will need to retain an attorney to defend you. If no charges are filed, you won't. If you want to find out whether charges are going to be filed, you can retain an attorney now to look into it for you.

    This answer does not constitute legal advice and does not establish an attorney-client relationship.


  3. Two months is not excessive for results of alcohol BLOOD test results to be returned to the police. You refer, however, to "breath test" results. Those results are immediately available an commonly (though not required to be) communicated directly to the person in custody. If there was not a lawful justification for the initial encounter with the police, then the whole prosecution would be in jeopardy. Having skilled counsel on your side is extremely important especially if you hope to challenge the Commonwealth's evidence.

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