Driving under ordinary circumstances already comes with a lot of risks. When people drive while under the influence of a drug or alcohol, they put themselves and others at risk of severe injury or even death. While the police can charge people with a DUI, a DUI case is not always a confirmed loss for the defendant. There are many ways to defend against a DUI in Pennsylvania. A criminal defense lawyer who has experience with DUI cases will be well-versed in what options you have for a successful defense.
Showing That There Is Insufficient Proof of Impaired Driving
An officer may accuse you of driving under the influence, but prosecutors still need sufficient evidence of impairment to convict you. Prosecutors use the results of a breathalyzer or field sobriety test to secure a conviction for a DUI. However, these tests can be unreliable.
Various factors can throw off a BAC reading, including medication, defective calibration, and poor test delivery. Without reliable proof of your BAC, you may be able to avoid a conviction. Similarly, the field sobriety test results could also be rendered unreliable due to improper administration, misinterpretation of the results, poor explanation of the instructions, or even unstable shoes.
Exposing Illegal or Unconstitutional Police Conduct
Another strategy to avoid a conviction is to establish that the police officers who stopped you were engaged in misconduct. When conducting a sobriety checkpoint, the police must follow rules set forth by Pennsylvania law. If you were stopped at an illegal checkpoint, the prosecution’s case against you could be thrown out.
Furthermore, if the police stopped you without reasonable suspicion or probable cause, that could work in your favor during your case. Stopping someone without a good reason could be a sign of profiling, which could result in all of the evidence the police obtained during your DUI stop being inadmissible in court.
Arguing That You Were Not in Actual Physical Control of a Vehicle
While driving entails actual physical control, there are some situations where this is not the case. Consider what would happen if the cops approached you while you were parked. There is some nuance to this situation.
For instance, determining whether you were actually physically controlling your car can depend on the placement of your key. If the key was in the ignition, prosecutors could claim that you were attempting to operate the motor vehicle. However, if the key was in your pocket, the defense could argue otherwise.
Find Out Your Legal Options from a Skilled DUI Lawyer Today
DUI cases are not as clear-cut as one might think. There are more possible defense strategies for a DUI case, but only an experienced DUI lawyer can determine the best strategy for your situation. A knowledgeable Pennsylvania DUI lawyer will have the necessary resources to create an effective defense for your case.
At Rubin, Glickman, Steinberg & Gifford, our legal team consists of skilled professionals with over 65 years of experience handling DUI cases. We have the skills, knowledge, and resources to help you achieve the best result in your situation. Schedule a free consultation with our DUI attorneys by submitting our online contact form or calling us at (215) 822-7575.