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DUI- You Have the Right to Get Your Own Breath, Blood or Urine Test

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You have the right to seek your own independent blood, breath or urine testing.

By Attorney Elisabeth K.H. Pasqualini, DUI Attorney, Harrisburg, PA

The Pennsylvania Law specifically provides that someone who has been arrested by police and subject to blood alcohol content ('BAC') testing or drug testing or their blood, breath or urine has the right to get there own test.  Here, the Motor Vehicle Code, 75 Pa.C.S.A. Section 1547(h) specifically states:

  • (h) Test by personal physician.--The person tested shall be permitted to have a physician of his own choosing administer an additional breath, blood or urine chemical test and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the police officer shall not be delayed by a person's attempt to obtain an additional test.

What this means is that a suspect can request an independent blood draw (where they are taken for blood) or urine sample at the time of their testing by the police for prosecution purposes.  Be polite, but be forceful.  They must honor your request as long as it does not interfere with their attempts to have your original test completed.

If you've been arrested for a Driving Under the Influence, do not wait to seek counsel.  You may contact an experienced attorney today at Shaffer & Engle Law Offices, LLC toll free or email us today.

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