Do you know about implied consent laws? They are something that every driver should know about before getting behind the wheel, and they can play a big part in any DUI case. In almost every state, including Pennsylvania, you automatically give your consent to have a breath test taken if you get pulled over at a traffic stop to check to see if you are drinking.
You do have the right to refuse a breathalyzer test, but under the law in Pennsylvania you automatically will face 1 year of license suspension and three days of mandatory jail time. Not only that, but it gives the officer additional room to bring in other pieces of evidence that you might be drunk, like slurred speech or bloodshot eyes, into the case. Basically, the court will think that if you refused the breath test then you have something to hide and go after you harder.
Breathalyzers can have a lot of different errors. Some models are known to be bad, and all models have to be properly calibrated and used in the right way to get a true result. A breath test can be challenged in a number of ways in court by a competent DUI defense lawyer. If you’ve been given a breath test, remember as much as you can about what happened and call the law office of Stephen Kellis for a free consultation about your case.