Should you take breathalyzer in Pennsylvania?

If you have been arrested for a DUI, a breathalyzer test is not optional. Drivers are required to submit to such testing under Pennsylvania's laws of implied consent. Drivers give their implied consent to chemical testing for DUIs when they accept their driver's license from the state.

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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Pennsylvania Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you refuse to submit to a blood or breath test as required, you will be subject to an automatic drivers license suspension of 12 months for a first offense, and for 18 months if you have a prior DUI conviction or have refused testing in the past.

Refusal of a breathalyzer includes a 12-month license suspension for a first offense and 18-month license suspension for a second or subsequent offense. This will be enforced whether or not you are charged with the DUI and, if convicted, in addition to any penalties you face.

The short answer is yes, you can refuse a field sobriety test in Pennsylvania. Field sobriety tests are optional, and you have the right to refuse to partake in them without facing any penalties. During a traffic stop, an officer might ask you to perform one or more of these tests, but you are not legally required.

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver.

If you have been arrested for a DUI, a breathalyzer test is not optional. Drivers are required to submit to such testing under Pennsylvania's laws of implied consent. Drivers give their implied consent to chemical testing for DUIs when they accept their driver's license from the state.

The only way to potentially beat your charges is by hiring a Pennsylvania DUI defense attorney. Call experienced lawyer Steven E. Kellis at (215) 977- 4183 for a free case review.