Have you been accused of driving under the influence? Such a charge, referred to as a DUI, can lead to life-long repercussions and a long list of challenges.
The consequences of a DUI conviction extend beyond fines, legal fees, and jail time; they can also impact your driving privileges, employment opportunities, and personal reputation. Although relatively common in most U.S. states, this kind of charge requires a careful hand to achieve a favorable outcome.
If you plan to fight your drunk driving charges and avoid serious repercussions, such as license suspension, you’ll need to hire a DUI attorney for legal representation. Criminal defense lawyer John B. Pike and his team have handled countless DUI cases, and they’ve seen the strategies that work (and the ones that don’t). To put you on the right path, our law office is sharing some of our insights into challenging DUI charges in Pennsylvania and other states.
Understanding DUI Charges
A DUI charge typically arises when a driver is suspected of operating a vehicle while impaired by alcohol or drugs. Law enforcement officers may stop a vehicle for erratic driving, speeding, or other traffic violations, leading to an investigation if they suspect you were driving under the influence.
The 3 Key Elements of a DUI Charge:
1. Blood Alcohol Concentration (BAC)
In Pennsylvania, a DUI charge is primarily based on the driver’s Blood Alcohol Concentration (BAC). The legal limit for BAC in Pennsylvania is 0.08% for most drivers, but it is reduced to 0.04% for commercial drivers and 0.02% for drivers under 21.
Exceeding these limits can result in severe penalties, including fines, license suspension, and possible jail time.
2. Impaired or Reckless Driving
Impaired driving in Pennsylvania goes beyond just measuring BAC levels; it also includes the driver’s inability to operate a vehicle safely due to alcohol or drug influence.
Even if a driver’s BAC is below the legal limit, they can still be charged with DUI if their driving behavior indicates impairment. Pennsylvania law enforcement officers assess impairment through field sobriety tests and observations of the driver’s actions and reactions.
3. Refusal to Test
Refusing to submit to a chemical test, such as a breathalyzer or blood test, after being arrested for suspected DUI in Pennsylvania results in automatic penalties under the state’s implied consent laws. This refusal can lead to a license suspension for 12 to 18 months and additional fines.
Moreover, the refusal can be used as evidence against the driver in court, often resulting in harsher penalties compared to those who comply with testing during a DUI arrest.
The Legal Process of a DUI Charge
The legal process for fighting drunk driving charges typically involves several stages, each requiring careful navigation to ensure the best possible outcome. You might already have experienced the first few elements, but there are more to come down the road.
Part 1: Initial Stop and Arrest
An officer may stop you for a traffic violation or if they suspect impaired driving. They will observe your behavior, ask questions, and look for signs of intoxication. If necessary, the officer may conduct FSTs to assess your coordination and mental alertness. Keep in mind that these tests are subjective and can often be challenged in court.
If the officer believes there is probable cause, you will be arrested and taken into custody for further testing. This is likely when you should request a DUI defense attorney for legal representation.
Part 2: Chemical Testing
Often administered at the police station, this test measures your BAC. Proper calibration and administration are critical for accuracy. In some cases, a blood or urine test may be required to determine the presence of alcohol or drugs in your system.
Part 3: Hiring DUI Lawyers & Court Proceedings
By now, you’ll certainly want to have hired a DUI lawyer to oversee your case.
Your arraignment is your first court appearance in which you will plead guilty, not guilty, or no contest. Beforehand, your DUI attorney will discuss your options and advise you on the best course of action for your specific criminal charges.
Next, you’ll enter the pre-trial motions phase. Your DUI attorney may file motions to challenge the evidence, such as the legality of the traffic stop, the accuracy of chemical tests, or the administration of FSTs.
If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you were impaired while driving. To counter the prosecution’s case and secure a more favorable outcome, your DUI defense attorney will present evidence and witness testimony in front of the court.
DUI Defense Strategies
Successfully defending against DUI charges requires a thorough understanding of both federal and state DUI laws, meticulous examination of evidence, and careful planning. That’s the role of a criminal defense attorney.
Your chosen defense strategy will depend on the specific circumstances of your DUI arrest, as well as your background, criminal record, location, age, and many other factors. Some common DUI defense strategies include:
Challenging the Traffic Stop
there was no probable cause, any evidence obtained during the stop may be inadmissible in state and federal court.
Furthermore, if your rights were violated during the stop or arrest (i.e., if you weren’t read your Miranda rights), a good DUI lawyer may argue there are grounds for dismissing the DUI charges.
Questioning Field Sobriety Tests
FSTs must be administered according to specific protocols. Any deviation from these protocols can undermine the validity of the tests. Additionally, FSTs are inherently subjective, and factors such as medical conditions, nervousness, or poor weather conditions can affect performance.
If there are any issues with your field sobriety test, your DUI attorney may bring those up and request that your charge be dismissed.
Attacking Chemical Test Results
Breathalyzer devices must be regularly calibrated and maintained to ensure accuracy. Any lapses in this process can be grounds for challenging the results and, therefore, your DUI charges.
Similarly, any blood or urine samples collected must be properly handled and documented to avoid compromising the integrity of the evidence. Any mishandling can contribute to a strong DUI defense strategy on your behalf.
Presenting Alternative Explanations
Certain medical conditions can mimic signs of intoxication, such as diabetes or neurological disorders. If you have any of these conditions, your DUI defense attorney can present medical evidence to support this claim.
Substances like mouthwash or certain medications can also result in false positives on breathalyzer tests. If you believe this to be the case, you can discuss your strategy options with your DUI attorney.
License Suspension and How to Fight It
One of the immediate consequences of a DUI conviction is the potential suspension of your driver’s license. This is a temporary withdrawal of your driving privileges for a specific period of time, which will vary depending on the severity of the offense or if it is a repeat violation.
Fighting a suspended license typically involves administrative hearings separate from criminal court proceedings. You have a limited time to request a hearing to contest the suspension, so the sooner you retain the services of a DUI attorney, the better.
Strategies for Contesting Suspension
Similar to a DUI conviction, you can challenge the evidence presented by the prosecution, such as the validity of the traffic stop and the accuracy of chemical tests. Your DUI lawyer can also highlight any errors made during the arrest or testing process, which can be grounds for overturning the suspension.
If your license is suspended in Pennsylvania, you may be eligible for an occupational limited license (OLL). This will allow you to drive for essential purposes like work or medical appointments, but you will still have some restrictions.
Ready to Fight Your Drunk Driving Charges?
Facing DUI charges is a serious matter with far-reaching consequences. Understanding the legal process, knowing your rights, and employing effective defense strategies are essential for achieving the best possible outcome under your state’s DUI laws. But first, you need to find the right DUI defense attorney.
An experienced criminal defense attorney like John B. Pike is your best shot at ensuring your DUI case is handled with care and legal knowledge. This is your future, and you deserve an experienced professional in your corner who can seek the most favorable outcome.
If you’ve been charged with drunk driving or had your license suspended, schedule your consultation with an experienced DUI lawyer today. Our criminal defense law office will be happy to assess and discuss your case.
