QUESTION

Should my arresting officer give me a breathalyzer test when I pass the field tests? And can I fight the charge of DUI?

Asked on Jul 27th, 2013 on DUI/DWI - Pennsylvania
More details to this question:
I was pulled over in Venango County in Pennsylvania for throwing a cigarette out of my car window about a mile or so from where I got pulled over. The officer asked if I been drinking and I said I had a couple drinks and that was it. The officer then asked me to step out of the car and perform a field test. I did the tests and passed them to the beat of my knowledge. He did not state to me whether I passed or failed. He then proceeded to have me do a breathalyzer, which came out as .102. I was then arrested and Aiken to the station for paperwork. They said I was arrested but never read me my rights. They also searched the vehicle without asking for permission to search.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Nothing unusual. You don't have your rights read unless you are interrogated. You have no right to a breathalyzer at the scene, all they give is a PBT at the scene which is a mini, unofficial breathalyzer.
Answered on Jul 30th, 2013 at 2:24 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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