No one expects to be pulled over and subjected to a breathalyzer test. If you are pulled over, instead of not knowing what to do in that moment, be prepared.
Partner and dedicated criminal defense attorney, Hillary Sheridan, Esq.
recently provided a quick 3-item guide to breathalyzer tests in Pennsylvania.
Upon suspicion of DUI, an officer will likely perform Field Sobriety Tests. If the officer believes you are impaired, the officer will then likely bring you to the police station for a breathalyzer test to test your B.A.C. (blood alcohol content). You can either accept or refuse. This is where you should pay close attention as your choice may impact your future.
1. Suspension
Before refusing a breathalyzer, you need to know more about the aftermath. If you refuse the test, your license will be suspended for an additional year on top of whatever the suspension is for the actual DUI (if convicted), whether you plead guilty, or whether you are found not guilty.
2. Does the officer need a warrant to perform test?
Nope. Quite simply, the officer does not have to have a warrant to get you to blow into the machine. There is no necessity for the officer to apply for a warrant from a Judge.
3. Even if you refuse the test, you can still be charged with a DUI!
There is a subset of the DUI statute in Pennsylvania that allows the officer to charge you with a DUI even if the officer does not know your exact BAC.
Now that you know these three (3) simple points, we hope it can protect you in the future. However, if you find yourself in search of legal advice after a DUI, don't wait this time to get the precious advice you needed. Call our office at (484)653-0774 for your free consultation with Hillary to discuss your next steps.
Through representing thousands of clients with the Delaware County Public Defender’s Office, Partner Hillary Sheridan, Esq., mastered the ability to read a jury and a courtroom. He has had many trials, both criminal and civil, and works tirelessly for his clients. This experience has served his civil and business clients, offering them unique insights into the legal process.
Hillary was named a 2019 Main Line Today Top Lawyer for Criminal Defense.
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