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
It sounds like you will be receiving a criminal complaint in the mail from the court. In the mea time, you should retain a criminal defense attorney who has expertise in DUI cases. The attorney will be able to answer all your questions and represent you in court.
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.
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.
I highly suggest that you consult with and hire a locally experienced DUI attorney, as doing so will greatly improve your chances at a positive outcome. You can use avvo to find a few and give them a call. Most will offer a free consultation. Best of luck.
The original test was a PBT which is not admissible at trial but is used as a determinate to believe you are driving under the influence requiring further testing
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