Top PA DUI Defense Tactics
If you are like most people arrested for driving under the influence, you believe an arrest equals conviction. You’re concerned because you failed your field sobriety test, received a chemical test result showing a BAC over .08%, or refused to take a chemical test. You believe there's no way out! You’re already guilty.
In reality, as Pennsylvania DUI law becomes more scientifically based, it is harder for the prosecution to prove your guilt, and more feasible that a competent PA DUI attorney can defend your case and prove your innocence by utilizing the latest in DUI defense tactics.
Defense #1: Fight the "Norms"
A trained attorney knows that all chemical tests other than a blood test, and all field sobriety tests, are based and calculated on assumptions regarding the "average" individual. Most people are not average. Your attorney knows this. His job is to show the jury the inaccuracies associated with "average" assumptions.
Breath tests and urine analyses are all calculated based on a fixed ratio assumption between the alcohol found in your exhaled breath particles and/or expressed urine and the alcohol in your blood. All calculations are based on these ridge ratios. In actuality, each person's ratio can vary up to 15%. The equipment used by the police does not account for these variances. Consequently, your test results may be widely inaccurate.
Defense #2: Fight the Tests
There are over 15 reasons why your breath test results could have been inaccurate. Many of these reasons are due to a lack in scientific reliability of the tests themselves. For example, the standard equipment used for breath analysis does not distinguish between ethyl alcohol and the types of alcohol found in asthma spray and cough drops!
With these discrepancies in mind, attacking the exact test the prosecution wants you to believe proves your guilt may defend your case. If the test cannot distinguish between types of alcohol, how can the jury be certain your results were accurate?
Defense #3: Fight the Stop and/or Arrest
Another tactic to aid in your defense depends on fighting the merits of your stop and subsequent arrest. There are legal reasons for an officer to stop you, interrogate you, and arrest you. Many officers, however, stop drivers outside of legal limits. Were you detained unjustly?
FREE PA DUI Case Evaluation
As illustrated above, there are numerous ways a capable Pennsylvania DUI attorney can defend your case, and prevent a DUI conviction from becoming a part of your permanent record. Which defense is right for your case? Call our offices today for your free consultation and find out.
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