If you are administered a breathalyzer test at the station and have have a tongue piercing is that considered an object?

Asked over 1 year ago - Hatboro, PA

I was pulled over and when I asked the reason I was told because of so " call" saying I was asleep at a red light which I was most definitely was not. I seen my initial court documents because I am still waiting on a preliminary hearing and it has a wreckless driving charge along with not using a signal and the only time that could have occurred is when the police were behind me with the lights on pulling me over. So after I was taken back to the station after not doing the test properly even though I was struck by a drunk driver in 2008 and can barely walk straight period I received a .13 on the test now granted I was drinking the two drink minimum at Parx for the couple hours I was the before driving my ex home I feel that the test was not accurate and I was not driving impaired at all/

Attorney answers (4)

  1. Steven Fisher Fairlie

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . I have another case where Hatboro administered a breath test so I know that they use the Intoxilyzer 8000 device. It should say that on the printout that you got from the test, assuming they gave it to you in accordance with Pennsylvania regulations. This device was just successfully challenged in Dauphin County and we are collecting cases to raise this same challenge in Montgomery County. Please contact a qualified Montgomery County DUI lawyer familiar with the Schildt case and the experts required to raise such a challenge. Steve

    Please note that I am only licensed in Pennsylvania. Therefore, if your case involves another jurisdiction, you... more
  2. Michael Harris Fienman

    Contributor Level 11

    6

    Lawyers agree

    1

    Answered . You have a defense worth exploring.

    Do yourself a favor and contact an experienced DUI attorney who, like me, routinely handles cases like yours. Once you provide all of the facts, they will be able to give you more specific information.

    Thank you for your question and good luck!

    LEGAL DISCLAIMER Mr. Fienman is licensed to practice law in Pennsylvania and New Jersey. His phone number is 215-... more
  3. Robert C. Keller

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . You may have a defense. You need to retain a criminal defense attorney with experience with DUI cases. There may be other options opened to you which will be explained to you. Good luck.

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . I would advise you to post no more details regarding this event on the Internet. As Mr. Keller has suggested you may have one or more avenues for defending against the charge. A successful defense will only occur if you retain an experienced DUI attorney without delay. Exploring the Internet for answers, while natural enough, is not the way to prepare an effective defense. You need legal counsel now. Good luck.

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