How Does a Philadelphia Attorney Defend a DUI?

January 23, 2015 Brian J. Zeiger, Esquire

Building an aggressive defense for DUI clients

Philadelphia DUI DefenseCharges of driving under the influence (DUI) of alcohol or drugs can mean severe consequences that may affect your finances, reputation, and even your freedom. Fortunately, just because you have been arrested and/or charged with DUI does not mean that you will automatically be convicted and have to face fines, probation, losing your driver’s license, or jail time. Like any other type of criminal offense, there are certain legal defenses you can assert. The specific defenses available to you will depend on the particular circumstances of your individual case. The following are only some examples of commonly used DUI defenses.

The traffic stop or arrest was unlawful. The 4th Amendment of the Constitution of the United States1 protects citizens from unreasonable search an seizure. This means that police officers cannot simply arrest anyone whenever they wish; instead, they must have an arrest warrant or other probable cause to both stop your vehicle and to place you under arrest. An attorney can argue that the arrest was in violation of your rights and therefore any evidence stemming from the arrest should be dismissed.

There was another explanation for your behavior. In some instances, an arresting officer may state that you seemed intoxicated when there was actually another explanation. For example, you may have seemed disoriented due to fatigue, had watery or red eyes due to allergies, had a reaction to other types of medication, and more.

Sobriety tests can be inaccurate. Both field sobriety tests (FSTs)2 and chemical tests can yield inaccurate results and indicate that you were intoxicated when you were not. Many factors can cause poor performance on FSTs even for the most sober individual. Additionally, forensic labs can make errors that skew the results of breath or blood tests. Many factors can affect the results of your chemical test, including the following:

  • Mouth alcohol
  • Having a blood alcohol content (BAC) that is “on the rise”
  • The test equipment was not properly calibrated
  • The blood sample was improperly stored
  • You are diabetic, hypoglycemic, or on a diet that is particularly high in protein

The above are only a few of the available defenses in a DUI case, and presenting all possible defenses may help you avoid conviction.

Contact an experienced DUI defense attorney to discuss your case today

If you are facing DUI or related charges, there are many potential legal defenses you can present. An experienced lawyer will know how to evaluate your case and build an aggressive defense strategy in an attempt to have your case dismissed or limit the consequences that you face. Please do not hesitate calling a Philadelphia DUI defense lawyer at the Zeiger Firm at (215) 825-5183 for a consultation today.

1http://www.law.cornell.edu/constitution/fourth_amendment

2http://www.nhtsa.gov/people/injury/alcohol/sfst/appendix_a.htm

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