There are many successful PA DUI defenses. Furthermore, the type of DWI defense available will depend on your case’s specific facts and evidence. I understand Pennsylvania’s DUI law and the various state and federal constitutional issues that may arise during a DUI arrest and prosecution. However, developing an effective DUI defense is an intensive process, often involving independent defense investigators and forensic experts in different fields.
DUI Defense Lawyer Bucks County
I have over a decade of experience providing skilled and aggressive representation to individuals charged with DUI in Bucks County, Montgomery County, and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Is it Worth Fighting a DUI?
Yes. Most DUI convictions will result in a lengthy personal driver’s license suspension. Do you hold a commercial driver’s license? If so, you may face a CDL disqualification for between 1 and 3 years for a first-offense DUI.
In today’s economy, losing your personal or professional license can be devastating. In addition, almost every DUI charge carries mandatory jail, excessive fines, and court costs.
Pleading guilty to driving under the influence without consulting a lawyer and exploring your possible defenses is almost always a mistake. There may be DUI loopholes or proof that the police violated your rights before or after your arrest. As a result, a judge may toss your DUI case, or we can negotiate with the prosecutor for reduced charges.
DUI Help
I will begin the process by conducting a detailed interview with you regarding the specific circumstances of your DUI arrest before and after your contact with the police. The information acquired from you during the initial consultation will establish the foundation for investigating and developing any potential legal defenses to the DUI charge.
In addition, as a result of the initial formal interview, I may immediately request that the police preserve all body-cam and dash-cam videos of the arrest and any blood samples obtained from the accused as part of the investigation.
Why Using a DUI Defense Investigator is Critical
Many DUI cases will require an independent defense investigator to conduct a thorough investigation of the case to uncover any exculpatory evidence supporting the legal defense of the accused. Also, an impartial defense investigator will often find critical evidence that the police overlook. Importantly, my professional network includes many highly skilled defense investigators.
DUI Defense Investigation
Depending on the facts of the case, an investigator may be used to locate and interview witnesses to establish the accused was not driving while impaired. An investigator may also be used to obtain police video recordings, medical records, surveillance videos, and other evidence demonstrating the innocence of the accused. Therefore, it is essential to begin the defense investigation of a DUI offense at the earliest possible stage of the case.
Investigating and Developing Successful DUI Defenses
As part of the initial evaluation of the case, I may consult with experts in the following fields:
- Toxicology
- Pharmacology
- Accident reconstruction
- Emergency medicine
- Medical trauma
- Police practices and procedures
In many cases, a defense forensic expert can testify at trial on behalf of the accused to rebut the opinions and conclusions of the prosecutor’s experts.
Beating a DUI
Challenging the Initial Vehicle Stop
There are limited legal circumstances under which the police can pull over your vehicle for a DUI stop. The police must possess reasonable suspicion that a driver is under the influence of alcohol or drugs or have reasonable suspicion to believe that a driver violated the vehicle code. The police may also conduct a traffic stop if they have probable cause to believe that a person committed a crime.
In many cases, the police establish reasonable suspicion or probable cause for the traffic stop through their subjective observation that the driver is speeding or failing to maintain the traffic lane.
Filing a DUI Motion to Suppress
The arresting officer’s legal basis for the vehicle stop can often be successfully challenged in court through filing a Motion to Suppress Evidence. For example, the judge may rule that the police lacked probable cause or reasonable suspicion to justify the car stop. If so, the evidence supporting the DUI charge will be excluded from trial, and the charges will usually be withdrawn or dismissed.
I have extensive experience identifying cases where the police lacked the legal authority to conduct a DUI vehicle stop.
Did the Police Have Probable Cause for DUI Arrest?
Once you are pulled over, the police must establish probable cause that you are driving under the influence of alcohol, drugs, or a controlled substance. The police will often conclude that probable cause exists for a DUI arrest based on any combination of the following factors:
- The driver admits to drinking
- Slurred speech
- Bloodshot eyes
- Difficulty standing
- Failure to pass field sobriety testing
- The odor of alcohol from the driver
- Difficulty producing a license, registration, or insurance
Unfortunately, these factors are often based on the police officer’s biased, subjective perceptions rather than objective, verifiable facts. There are often many innocent explanations for the observations police attribute to intoxication, including medical conditions and pre-existing physical injuries. Certain medical conditions have symptoms similar to those of someone who is intoxicated.
A Motion to Suppress Evidence can be filed in cases where the police lacked probable cause to make a DUI arrest. If the trial court concludes that the police lacked probable cause for the DUI arrest, the evidence that flowed from the arrest will be excluded from the trial, often resulting in a dismissal of the charges. I am highly skilled in identifying cases where the police lacked probable cause to conduct a DUI arrest.
Challenging the Legality of the DUI Checkpoint
Pennsylvania roadside DUI checkpoints must comply with specific federal and state constitutional requirements to be legal. I will examine the circumstances of the DUI checkpoint arrest for the following factors:
- How long did the police stop the vehicle at the checkpoint?
- Did the police provide the required advance notice for the checkpoint?
- Did the police set up the checkpoint at a legal time and place?
- Did the police follow the legal guidelines for stopping drivers at the checkpoint?
A Motion to Suppress Evidence can be filed if the police violated the constitutional requirements for a lawful DUI checkpoint. For example, suppose the trial court rules that the DUI checkpoint was unlawful. In that case, evidence resulting from the vehicle stop and arrest can be excluded as evidence from the trial. It can result in the dismissal of the charges.
I will thoroughly review all of the procedures used by the police in planning and conducting the DUI checkpoint and aggressively challenge any violations of your constitutional rights.
Challenging the DUI Arrest through Police Body-Cam and Dash-Cam Video
Many aspects of a DUI arrest are captured by police dashboard cameras or through police body cameras. These cameras will often record pre-arrest driving behavior, initial police interactions with the driver, field sobriety tests, and post-arrest driver behavior.
I will frequently use an investigator to subpoena and, if necessary, request the preservation of all video and audio related to the DUI arrest.
Use of Police Video during the DUI Trial
I have been able to produce the police dash-cam or body-cam video during the trial to contradict the police officer’s justification for the vehicle stop and DUI arrest. The failure of the police to properly preserve video evidence of the DUI arrest can result in a violation of your state and federal constitutional rights.
In some cases, I have convinced the judge or jury that the police did not preserve the video evidence in bad faith. In those cases, the fact finder will assume that the video was helpful to the defense of the arrested driver.
A DUI jury will often return a verdict of not guilty if they believe that the police intentionally or negligently lost or destroyed evidence favorable to the accused in a DUI case.
Challenging the Field Sobriety Testing Results
At the time of the vehicle stop, the police may have instructed you to perform several field sobriety tests (FSTs), including the horizontal gaze nystagmus (HGN), walk and turn, one-leg stand, finger-to-nose, and alphabet recital. The police will often use the results of your performance on the FSTs as the primary factor in deciding whether to charge you with DUI.
Establishing the Unreliability of Field Sobriety Tests
Most field sobriety tests (FSTs) are challenging to perform by completely sober people under ideal conditions. Unfortunately, no matter how well you think you may have completed the tests, the police are inclined to interpret the results against you.
I have an extensive understanding of the specific testing requirements and proper testing procedures for all FSTs conducted by the police.
In many cases, I have successfully discredited the prosecutor’s conclusions regarding your performance on the FSTs through aggressive cross-examination of the police officer who conducted the testing. In some cases, I have also used an independent expert in standardized field sobriety testing to refute the opinions and conclusions of the police.
Challenging the Chemical Test Results
Many DUI cases can be successfully defended in court by demonstrating that the police or laboratory did not follow proper chemical testing procedures. Sometimes, lab technicians do not follow protocols for collecting and processing blood samples. In addition, it may be necessary to re-test a blood or urine sample to confirm the accuracy of the state laboratory’s testing results.
It is crucial to independently analyze the circumstances under which the blood or urine sample was handled and transported. Also, I will review how the DUI blood sample was tested to verify that the testing equipment was working correctly and calibrated according to state regulations.
Use of an Independent Toxicologist in a DUI Defense
I will frequently hire an independent toxicologist to review the state laboratory testing equipment and the procedures and protocols used by the technicians to process the blood or urine used as evidence in the case.
An independent defense toxicologist will often testify at trial to rebut the opinions and conclusions of the state’s toxicology expert.
I Will Challenge the Breath Test Results
In DUI cases involving breath testing, it is critical to review whether all proper breath testing procedures were followed by the police. The Pennsylvania Code requires the police to follow specific guidelines when conducting chemical testing for DUI using a breathalyzer machine. Therefore, it is crucial to analyze the following issues in any DUI case involving the use of a breathalyzer device:
- Did the police use an approved breathalyzer device?
- Did the police comply with the 20-minute pre-test observation period?
- Was the breathalyzer operator properly certified?
- Was the breathalyzer device properly calibrated?
- Was the breathalyzer device inspected for accuracy?
- Was there an improper difference between the 2 breath test results?
A judge may exclude the DUI breath test evidence if the police fail to follow the breath testing procedures and protocols.
Can the Police Prove You Were Operating the Vehicle?
To achieve a conviction for DUI, the prosecutor must prove every element of the DUI offense beyond a reasonable doubt to a judge or a jury.
To satisfy this standard, the prosecutor must establish that you drove, operated, or were in “actual physical control” of a vehicle. However, there are many instances when the police and prosecutor cannot prove this element of the DUI law.
The police will often make an arrest for DUI without establishing that the accused was actually driving or operating the vehicle identified in the investigation.
Examples include situations in which the police arrive at an accident scene and discover that the car is unoccupied or in cases where police locate the accused in the passenger seat of the vehicle.
Cases where the Accused is Behind the Wheel and the Engine is Not Running
In the “engine off” cases, the police will try to prove that a DUI suspect was in actual physical control of the car by looking at different factors, including:
- Is the hood of the vehicle warm?
- Where is the car parked?
- What is the driver’s explanation for being behind the wheel?
- Is there video or eyewitnesses proving that the driver was operating the car?
It is difficult for a prosecutor to win a DUI conviction in cases where the vehicle is found in a parked position with the engine off on a street or other roadway.
Defending Actual Physical Control Cases
The police will often file DUI charges in actual physical control cases based on highly questionable and unreliable evidence. In these cases, I have successfully established that the accused was not legally operating the vehicle but was sleeping off intoxication or extreme fatigue.
In other cases, I proved that another person was driving the vehicle before the arrival of the police. I have extensive trial experience successfully defending actual physical control DUI cases.
Beat the DA
I won’t allow the DA to get the upper hand against you in court. Being charged with a DUI is a highly stressful situation for most people. Mandatory jail time, significant fines, and the loss of your driving privileges are just a few of the life-altering consequences you may face.
Unfortunately, most individuals charged with DUI are 1st-time offenders unfamiliar with the court process. Also, the district attorney has unlimited resources to prosecute your case.
I am skilled in evaluating the specific facts of your case, assessing your concerns, and achieving successful case results. Finally, I will employ the most effective strategy to minimize the consequences of your DUI case, including taking the case to trial before a judge or jury if necessary.
DUI Lawyer Free Consultation
Did the police charge you with driving under the influence in Bucks County, Montgomery County, or the surrounding Pennsylvania Counties? In that case, you must act quickly to protect your rights and build an aggressive DUI defense against the charges.
Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation, or fill out the confidential contact form for an immediate response.
