PA dui

[Sam1112]

What is the name of your state?PA

Is it considered a refusal if u refuse to take the breathalyzer test in the field, but take a blood test at the station/hospital?

Is there a minimum amount of blood that needs to be taken to have a valid blood test?

[Sam1112]

bump bump bump

[Curt581]

Originally Posted by Sam1112

Is it considered a refusal if u refuse to take the breathalyzer test in the field, but take a blood test at the station/hospital?

The law in PA might vary a bit, but here are general practices.

The field test is properly called a PBT, not a "breathalyzer". The term refers to a nearly obsolete breath test device.

The PBT is not evidentiary, it is only used to build probable cause to arrest. Not taking the PBT test will not qualify you for a Refusal in most cases.

The evidentiary tests would be the breath test at the station, a blood draw done by a medical professional, or in rare instances, a urine test.

Note that a blood test does not have to be done at a hospital. A qualified Jail staff nurse would also be sufficient.

Is there a minimum amount of blood that needs to be taken to have a valid blood test?

If they take a full pint, they are required to provide cookies and orange juice.

Two vials (short test tubes) are the norm.

[Sam1112]

Thanks for the help.

Could too little blood throw off the results? When trying to draw blood, the nurse had trouble getting any. After about 2 min of trying, she finally found a vein and proceeded to draw some blood. For whatever reason, not much came and she stopped after barely filling any in a small vial. She looked at it and said this should be enough (i think her exact words were it is almost to the line, we should be fine). I asked this because i just got the results and they were .095 The officer was kind enough to let me blow into a device, probably the PBT you were talking about, and it came out at .07 I know the PBT is probably just less accurate, but being off by .025 seems to be too big of a difference.

[Curt581]

Originally Posted by Sam1112

Could too little blood throw off the results?

No.

Either there is enough to test, or there isn't. Not enough blood means no test, no results.

I asked this because i just got the results and they were .095 The officer was kind enough to let me blow into a device, probably the PBT you were talking about, and it came out at .07 I know the PBT is probably just less accurate, but being off by .025 seems to be too big of a difference.

The PBT results can sometimes vary a bit... That's why it's not recognized as evidentiary.

However, any of the various breath tests will always show slightly lower results than a blood draw. That would easily account for the difference.

[fagettaboutit]

Your lawyer can request to have a sample tested independently. In fact in most states (not sure about PA), you have every legal right to get a sample of the blood they obtained. I would strongly suggest you have your lawyer look into the possiblity of doing so. And if so, get it tested at another lab.

[zippysgoddess]

PA has the "Implied Consent" law, here is a page with the details:

[url]http://www.familylawyerservice.com/consent.htm[/url]

If you are pulled over by an officer and asked to take a breath test, the officer is actually looking for probable cause to see if you are driving under the influence. In Pennsylvania, the Implied Consent law requires you to submit to the breath test, or even a urine test or blood test if the officer decides to make you take one.

While you did cooperate with the blood testing, by refusing the breath test, they could argue that you were non-cooperative and suspend your license for a year. You can try to fight it, but it has happened more than once in PA, since this law was enacted. Your smartest bet is to coooperate fully with the officers and take any test they request of you.

They have successfully argued in court many times already that the other tests would not have been necessary or requested, had you submitted to the breath test, unless they had reason to believe your blood alcohol levels were high. By refusing the breath test, you could have just screwed yourself out of your license for a year.