Igot pulled over. Cop smelled alcohol. I did a field sobriety test. then he breathalyzed me. he would not tell me results of breathalyzer when i asked him. he then said i had to go get blood taken at hospital and then he released me to my friends custody. I got no paperwork stating any info on the arrest that night. I am still waiting to hear from officer.
First, you should talk with an experienced DUI attorney in this area ASAP to go over your case and possible options. In Pennsylvania the PBT or portable breath test that you were given on the side of the road is not admissible in Court because they have shown to be not very accurate. This is why the police after the stop then asked you to give a blood sample. If this is your first DUI you may be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year. Each County runs its own ARD program so you want to make sure to talk with an experienced DUI attorney who understands the rules in the County where you were arrested.
Feel free to contact me for a free consultation and case analysis.
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
What the officer gave you on the road was not a breathalyzer, it was a portable breath test (PBT). The PBT is used to determine whether the officer has probable cause to arrest you for DUI and request that you undergo further chemical testing. The PBT result is not admissible at trial, but could be admitted in a pre-trial hearing if, for example, you challenged the traffic stop.
Blood testing is the preferred method in the counties where I practice. Results aren't instantaneous. Some counties even send it to a lab outside of the hospital for confirmation. Once the officer receives your result he'll likely file charges. Some officers drag their feet with actually filing the charges, so it could be quite some time until you hear from him.
The breat test that was adminstered road side was likely a PBT which is not the actual test for BAC and the results are not admissable in court. The PBT is used to develop probable cause for the DUI arrest and subsequent request for a test of your blood or breath.
Depending on which law enforcement agency did the testing it could take several weeks to get the results and thus you would not get any paperwork for a while.
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