If you have not heard about it, you will! Recently, a Daughin County Common Pleas Court Judge ruled that certain breathalyzer machines used by the police when stopping an individual suspected of driving while intoxicated are flawed and not reliable for readings above .15 and below .05. Accordingly, the Police Department, in an attempt to keep every DUI stop out of court, has decided that all possible DUI prospects will now be subjected to a blood test.
That’s right, if you are stopped and the Officer suspects that you are intoxicated or under the influence of drugs, you will be transported to a hospital where they will draw blood for testing. Prior to this ruling, the the Police Officer had you take the breathalyzer and if you failed, they just sent you a notice of the preliminary hearing in the mail. Now, you are going to take an extra ride to the hospital – at least for now – until we get a ruling from the Superior or Supreme Court. Hopefully, your are not afraid of needles!
The caveat – do not refuse the tests, breathalyzer or otherwise because if you refuse, you will be making your attorney’s job much harder.
If you need legal advice or counsel regarding a DUI matter, contact my Pittsburgh law office, Gusty A. E. Sunseri & Associates, for an experienced attorney.
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