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DUI Drug and Alcohol Test Laws

A recent case in Pennsylvania clarifies an important right of a person accused of a DUI. If you have a legitimate reason, in responding to an Alcohol or Drug test requested by the police, you can ask that they give you an alternate test.

For example, in a recent case decided in the Pennsylvania Superior Court, a driver arrested for a DUI was told by the police officer he would have to take a blood test. The motorist refused because he was medically susceptible to an infection if a needle was inserted. He requested a urine or a hair follicle test. The officer refused, even saying, “I’m not touching somebody’s urine.”

The court decided for the driver. The court ruled that in such a circumstance you do have a right to an alternate test as provided in the Vehicle Code at 75 Pa C.S.A. § 1547(i). By refusing the driver the chance to take the test the police officer deprived the defendant of admissible evidence that would have been relevant. The court dismissed the case and the defendant was then cleared of the DUI Charge.

If you have been charged with a DUI or were denied an alternate testing method, call the criminal defense attorneys at Joyce & Bittner 412-281-9919 or 1-800-299-5530.

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