Being accused of a DUI for driving under the influence of alcohol or drugs can be devastating. Not only may you be sent to jail and have to pay fines, but you are also likely to lose your driver’s license as a result of the DUI. The loss of your driver’s license can have a serious impact on your ability to get to work as well as your ability to fulfill personal, family and social obligations.
Fortunately, just because you are charged with a DUI or DWI does not mean you will always be convicted. There are many different DUI defenses that can potentially be raised when you’ve been accused of a DUI. However, you will want an experienced criminal defense lawyer to help you to explore those defenses and prove them in court. The Pennsylvania criminal defense lawyer firm of Lawrence R. Dworkin is here to help. We’ve assisted countless clients in getting charges dropped, getting acquitted or plea bargaining down DUI charges and we can work with you to find the DUI defense that is right for you. Contact us today to learn more about how we can help you to deal proactively with your DUI charges.
When you are accused of a DUI, the best way to avoid criminal penalties, high insurance rates and the loss of your driver’s license is to defend yourself against the charges. By raising DUI defenses, you may be able to get the prosecutor to drop the case against you or you may be able to get a judge or jury to acquit you in a trial.
There are a number of different DUI defenses that you can use to try to defend yourself against these serious criminal charges. For instance:
You may argue that your constitutional rights were violated by law enforcement during the collection of evidence.
Being pulled over and subject to a breathalyzer or other sobriety test constitutes a “search and seizure.” The Fourth Amendment of the U.S. Constitution protects against unreasonable search and seizure without probable cause. This means if police pulled you over or tested your BAC without having probable cause that you had done something wrong, any evidence they collect—including proof of your intoxicated in a blood alcohol test—can be suppressed (kept out of court). Without evidence, a prosecutor may have to drop the charges or you can get acquitted by a jury.
You may argue that you weren’t drunk while you were driving, even if your test results show later that you were intoxicated or above the legal limit.
After you stop drinking, your blood alcohol content keeps going up for a little while. If you stop drinking, drive home, are pulled over and then your blood alcohol content isn’t tested until after you’ve been taken to the police station, it is possible your BAC will rise between the time you were driving and the time you were tested. This means you may not have been above the legal limit while you were actually behind the wheel.
You may argue that the breathalyzer machine wasn’t working properly or wasn’t used properly.
If police did not have proper training on using the breathalyzer machine or if the machine wasn’t maintained according to manufacturers instructions, the evidence against you may have been faulty.
These are just a few examples of the different types of DUI defenses you may be able to use to avoid a DUI conviction. An experienced criminal defense attorney can explain all the possible defenses to you and help you to evaluate what defense, if any, is best given the nature of the charges against you.
To learn more about how a criminal defense lawyer can help you after a DUI, contact the Pennsylvania criminal defense law firm of Lawrence R. Dworkin today using our online form or at 610-566-0610 to learn how we can help.