Top 5 Automatic Pennsylvania DUI
Conviction Myths
I was arrested for a PA DUI - I must be guilty.
Being arrested does not mean you’re guilty. There are numerous reasons for the court to find you innocent. A competent DUI attorney can highlight the unreliability of your field tests, the inaccuracies of your chemical test, or the unlawful nature of your arrest. Being arrested for a Pennsylvania DUI does not equal a Pennsylvania DUI Conviction.
I failed my breath test - there’s no way out.
Breath analysis is a scientific process based on averages. Most people are not "average." There are at least fifteen different reasons your test results could be inaccurate, including: faulty equipment, human error, and unreliable statistics.
I failed my field sobriety test - I’m already at fault.
Field sobriety tests are, like chemical tests, based on assumptions built around the "average" individual. Most people do not fall within these "norms." Additionally, field sobriety tests are a judgment call made by the arresting officer.
I already have one PA DUI on my record - I’m automatically looking at a heavy sentence.
While subsequent Pennsylvania DUI convictions tend to carry a heavier sentence than first time convictions, being arrested for a DUI does not equal being convicted of a Pennsyvania DUI. As mentioned above, there are many ways an educated attorney can defend your case and prevent you from being found guilty.
I refused to take a breath test - I’m already viewed as in the wrong.
Under Pennsylvania DUI Law, refusing to take a breath test automatically revokes your license for a year. This does not, however, mean you are automatically convicted of a DUI. The prosecution must still prove beyond reasonable doubt that you were driving under the influence with a blood alcohol content of over .08%.
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