Pennsylvania Attorneys Help Drivers Fight DUI Charges
Pittsburgh law firm adept at using all available defensive strategies
Driving under the influence of alcohol or drugs (DUI) is a criminal offense, punishable by a range of penalties based on such factors as the level of blood-alcohol content (BAC), the driver’s prior convictions if any and the presence or absence of mitigating circumstances, such as causing property damage, bodily injury or death. Phil DiLucente & Associates, LLC in Pittsburgh defends clients facing DUI charges across Western Pennsylvania. In all cases, we use the most effective means available, which can be getting the charges dismissed, negotiating a reduction or securing entry into a diversionary program.
What fighting a DUI charge really means
When people come to us after a Pennsylvania DUI arrest, they often ask how they can beat the charge. In actuality, the right strategy depends on the specific facts. Every case is different but there are methods that are frequently effective, such as:
- Challenging the traffic stop — A DUI case often turns on whether the police had a lawful reason to stop the vehicle. If the stop was based on vague observations, an improper checkpoint or a misunderstanding, we may be able to challenge it. We might review dashcam footage, bodycam recordings and police reports to highlight inconsistencies in the arresting officers’ testimony.
- Challenging the field sobriety tests — These tests, used by police to determine if a driver may be impaired, are notoriously subjective. Weather conditions, uneven pavement, medical issues, footwear and nerves can all affect performance. Officers sometimes give unclear instructions or administer the tests incorrectly, which can undermine their reliability.
- Challenging the breath test — Breath tests must be administered by certified operators using properly calibrated equipment. If the machine wasn’t maintained correctly or the operator didn’t follow protocol, the results may be unreliable. Certain medical conditions, such as GERD or diabetes, can also affect breath readings. In some cases, a rising BAC defense applies when a person’s alcohol level increases after driving but before testing.
- Challenging the blood test — Blood tests may seem scientific and precise, but they are not immune to problems. Chain-of-custody issues, lab errors, contamination and improper storage can all affect the accuracy of the results. We also look at whether the blood draw was legally obtained and whether recent Pennsylvania case law affects its admissibility.
- Moving to suppress illegally obtained evidence — If the police violated your constitutional rights at any point during the stop, the search or the arrest, we can file a motion to suppress the evidence collected during that encounter. If granted, the prosecution may be left with an incomplete or weakened case.
- Using expert witnesses — Some cases benefit from expert testimony. Toxicologists can challenge the accuracy of BAC results. Accident reconstruction experts can clarify what really happened in a crash. Medical experts can explain conditions that mimic impairment.
Even when the police evidence seems strong, there may be room to negotiate. Weaknesses in the case, problems with testing or mitigating circumstances can lead to reduced charges such as reckless driving or other non-DUI offenses. We use our knowledge of the local courts to pursue the best possible result.
Preparing for trial when necessary
When trial is the right path, we stand with you every step of the way. We build a strong defensive strategy and prepare to challenge the prosecution’s evidence. Often, the willingness to go to trial leads to better outcomes because prosecutors recognize that we are ready and able to fight the case.
Using ARD as a way to avoid a first-time conviction
Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program allows eligible first-time DUI defendants to complete certain requirements and then expunge the DUI from their record. We evaluate whether ARD is an available option and guide clients through the application and completion process.
Why having a capable DUI defense lawyer matters
DUI cases are technical and evidence-dependent. A single mistake by the police or the lab can change the entire outcome, but only if someone knows where to look. As experienced Pennsylvania DUI defense lawyers, we understand how these cases work, what the prosecution must prove and where the weaknesses usually lie. We work diligently to protect your rights, challenge the evidence and pursue the best possible result for your future.
Contact a Pennsylvania DUI defense lawyer for a free consultation
Phil DiLucente & Associates, LLC in Pittsburgh defends motorists in DUI cases throughout Western Pennsylvania. Please call 1.800.GET.PHIL or contact us online to arrange a free initial consultation.
