Tag Archives: breathalyzer test

At least once a week someone will call my office and run a certain scenario by me.  It will involve a DUI stop, an arrest, and the question “did I refuse the breathalyzer test”?  Of course, the answer always depends on a variety of factors, the most important of which would be when the request for […]

When a person is pulled over under the suspicion of driving under the influence of alcohol (DUI) in Pennsylvania, there is a series of field sobriety tests conducted by a police officer to establish probable cause to issue a valid arrest. Generally, there is no requirement in Pennsylvania that requires the police to perform field […]

If you have a DUI case pending that involves evidence of breath taken from a breathalyzer machine then this post could be or you.  On New Years Eve 2012, A Dauphin County Court handed down a ruling in Commonwealth v. Schildt that held that results from the breathalyzer machine could not be used in evidence when […]