I was pulled over in PA and breathalyzed over the limit. I was then brought to a hospital and blood tested. The arresting officer told me he pulled me over for taking a right on a no-turn-on-red red light and that I was driving perfectly fine otherwise. He also didn't cuff me or read my rights when I was arrested and driven to the hospital in the back of his squad car. He told me I would be getting a letter telling me when my court date is in four weeks, which is coming up soon. I wanted to know how/if I can get the blood test results before my court date so I know what they say. Also, if they come back under the limit is that enough to get my case thrown out?
Criminal Defense Attorney
If the blood tests come back under the legal limit it will help. It does not mean that you were not under the influence at the time of driving. If this is a first offense, Pennsylvania has an ARD program to give you a second chance. What was your breath result, if you know.
They do not have to read you your rights. See the link on Miranda below.
In any case, you should be consulting a DUI/DWI lawyer there, now. Even if the test results are over the legal limit, you may have a defense.
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6 lawyers agree
Criminal Defense Attorney
If it comes back under the limit, they may throw it out. The only exceptions are if you have enough in your system that the officer testified that you ability to drive was impaired. This is rarely used when someone is under the limit, but techinically if you are close to the borderline it can be done. SInce they took blood, they may also check for metabolites. If you had any controlled substance in your system it may be an issue. Marijuana metabolites can stay in your system for days and sometimes weeks. It is irrelevant how old the metabolites are.
You should hire an attorney as there may be an issue regarding suppression. There may be additional issues as well.
Michael L. Doyle
12 lawyers agree
DUI / DWI Attorney
Under the facts stated, the officer had a valid reason to pull you over. I am assuming that he/she detected an "odor of alcohol" which was the reason for the PBT ("breathalyzer) and from what you say, showed a reading of .08 or above.
Typically, you cannot get the lab report prior to your hearing. If your blood alcohol level was under a .08 and there was no illegal substance in your system, the charges may be withdrawn.
In any event, you should retain a criminal defense attorney in the location of your arrest to represent you.
7 lawyers agree