PA DUI LAW DEFENSES

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A DUI charge is not the same as a DUI conviction. Like any Pennsylvania crime, the Commonwealth has the burden to prove guilt beyond a reasonable doubt. The criminal defense attorney will usually file motions to compel discovery of the Commonwealth’s case against the accused as well as motions to suppress the evidence from trial. Here are a few common ways to further challenge a DUI charge in PA.

Stop & Arrest were Illegal

There are procedures that the police must follow to make a legal DUI arrest. This starts with the constitutional requirement of probable cause to stop a vehicle. If the police do not have probable cause that a law has been broken the arrest is illegal and the charges will fail. Additionally, if the police did not offer Miranda Warnings at the appropriate time incriminating statements may be suppressed. A failure to give Miranda Warnings is not automatic grounds for dismissal of the charges.

Field Sobriety Test was Unfair

Standard Field sobriety tests (National Highway Traffic Safety Administration's DWI Detection - one leg stand and walk and turn) are not always accurate studies show that the tests are challenging for healthy sober individuals. These test fail to accurately predict the legal intoxication level about 30 to 35% of the time. They are especially inaccurate if the person tested has injuries, health issues, is 50 or more pounds overweight, or over the age of 65. Non-Standard Field Sobriety Tests (finger to nose, alphabet, counting backwards) are not considered valid predictors of intoxication.

Photograph the Site of the Test & Obtain Weather Records

Additionally, where a field sobriety test was administered may unfairly impact the results. For a field sobriety test to be fair it should be given on a flat and dry surface. Field Sobriety tests should not be given on an incline, cracked or broken pavement, or during bad weather. If those conditions were present the results may be inadmissible.

The BAC Breath Test was Inaccurate

There are many challenges to BAC Breath Tests in PA courts because there are procedures the police must follow to properly administer a DUI BAC test. Obviously, before the police can legally give a breath test they must have probable cause to stop the vehicle, reason to suspect the driver was drinking, and perform a valid field sobriety test.

Observation Period

When the police want to use a breath test they must conduct an observation period. Specifically, the police must keep the suspect under observation for twenty minutes prior to giving the breath testing. If they do not do this the results of the test may be inadmissible.

Unlicensed BAC Test Operator

Under Pennsylvania law, a Breath Test Operator must have a valid operator's license for the breath test results to be admissible. No license or an expired license means no test breath test results at trial.

Faulty Breath Test Machine or Misuse of Machine

All machines malfunction, breath test machines are no exception. Likewise, a machine is only useful if it is used correctly. Therefore it is important to analyze the machines history (repairs) and how the police used it. A breath test machine will not give correct results if improper settings were used or if it was simply a faulty device that gave inconsistent results. The burden is on the Commonwealth to show that the machine worked, was used properly, and the required procedures were followed. If the Commonwealth cannot prove this the results may not be used at trial.

Breath Test Machine False Readings

Certain benign products people commonly use can interfere with and cause an elevated breath test result. Specifically, mouthwash, medication, cough drops and other everyday products can cause a false positive test. Radio frequency interference can also result in inaccurate readings.

Inaccurate Blood Test Results

Similarly to breath test results, there are procedures that must be followed for the results of a BAC blood test to be admissible. Where, how, when, and by who the blood sample was taken, preserved, tested will determine if it is admissible. For example, the hospital or testing center must be certified and follow specific procedures. The test should be given within two hours of a person's arrest. Alcohol should not be wipes on the suspects are before the blood is taken.

Absorption Phase Testing

Alcohol takes time to absorb and dissipate in the human body. When the accused stopped drinking in relation to the time they were driving and then tested is also highly relevant and may be used to show the driver was not legally intoxicated.

Health Problems

Physical and mental health problems can preclude an individual form passing a field sobriety test and can even interfere with the accuracy of a breath and chemical test results.