DUI Defense Attorney in Philadelphia, PA

You’re probably upset and concerned if you’ve been arrested for driving under the influence (DUI), also known as driving while intoxicated (DWI), or operating a motor vehicle while intoxicated (OMVI). You have a lot of decisions to make and need assistance understanding your rights and options when it comes to fighting drunk driving charges.

Being charged with drunk driving can be terrifying, but don’t worry. Don’t get caught up in worrying about your upcoming court date. Because there are numerous DUI defenses, you should be able to beat your DUI charge.

What is a Driving Under the Influence Charge?

DUI (driving under the influence) is a criminal charge levied against a driver arrested for driving while under the influence of alcohol, drugs, or both. The phrase “driving under the influence” refers to the fact that the individual was impaired by drugs or alcohol while operating their vehicle.

What is a DWI Charge?

The arrested person may face charges of driving under the influence or driving while intoxicated (DWI). Driving while intoxicated is a more common term that refers to a person who has consumed enough alcohol to render them incapable of driving safely. DWI laws in some states only apply to drivers of commercial vehicles such as buses, taxis, limousines, and trucks. In other states, DWI laws apply to all drivers, whether they are operating commercial vehicles or personal vehicles such as cars and SUVs.

What Are the Penalties for a DUI Offense?

Driving under the influence charges or penalties can vary from state to state but generally include:

  • A license suspension of up to one year
  • Fines ranging from $500 up to $1,000
  • Jail time of up to 6 months for first offenders

Successful DUI Defenses for driving under the influence

If you are arrested for driving under the influence (DUI) and charged with driving while intoxicated (DWI), you should contact an experienced DUI/DWI defence attorney. A lawyer can help you understand your rights and defences and ensure that your rights are protected.

The following are some examples of common successful DUI defences:

  • You were not driving a vehicle. Suppose you were not driving at the time of your arrest. In that case, it may be difficult for the prosecution to prove beyond a reasonable doubt that you were intoxicated while operating a vehicle.
  • Your BAC was under 0.8%. In some states. If you have a BAC below 0.08%, you can avoid being convicted of DUI/DWI. This can be accomplished by using a breath test or blood test to determine your BAC level before and after driving, then showing that your BAC was below 0.08%.
  • Lack of probable cause and reasonable suspicion. To detain or arrest someone for DUI/DWI-related charges, police officers must have probable cause and reasonable suspicion. If the officer stopped you and asked for field sobriety tests without probable cause or reasonable suspicion, his actions may be illegal. Citizens are protected from unreasonable searches and seizures under the Fourth Amendment. Before stopping a vehicle, law enforcement officers must have probable cause and reasonable suspicion. Probable cause requires specific facts that would lead a reasonable person to believe a crime was committed.

Although reasonable suspicion is less than probable cause, it still requires an officer to have some evidence that you may be committing a for them to stop your vehicle. If an officer stops your car without probable cause or reasonable suspicion, any evidence seized during the stop cannot be used against you in court.

  • Unconstitutional Check Point. Police frequently use checkpoints as part of their DUI enforcement program because they allow officers to check drivers without having any individualized suspicion about each driver’s sobriety level. These checkpoints, however, must be carefully designed so that they do not infringe on drivers’ Fourth Amendment rights against unreasonable searches and seizures.
  • Faulty testing procedures. Faulty testing procedures can lead to a DUI conviction that should not have happened in the first place. The most common instance is when a breath test machine fails or is not properly calibrated. If this occurs, you may be arrested for DUI even if you are not intoxicated.
  • Improper police procedure. Police officers must follow specific procedures when conducting sobriety tests and field sobriety tests. These steps include:
  • Make sure the driver understands the instructions given
  • Ensuring the driver is not injured or impaired by medical conditions
  • Giving the driver sufficient time to complete each task
  • Not allowing other officers to assist
  • Filling out all necessary paperwork correctly

What are your rights during a DUI CASE?

You are free to remain silent. Before making any statements, you have the right to consult with an attorney. You have the right not to be subjected to illegal searches and seizures. If you are arrested for DUI, you have the option of taking a breath or blood test.

Methods of DUI testing

When law enforcement conducts roadside testing for impairment, they use two methods: breath tests and blood tests. Machines measure the amount of alcohol in your breath during the Breath Test. The Blood Test consists of drawing blood from an arm or hand and measuring the alcohol content.

Both tests can detect whether you are under the influence of alcohol at the time, but neither can tell you how much alcohol you have consumed in the previous 24 hours or longer because alcohol takes time to leave your system after you stop drinking.

Contact the Brookman Law Group Today

When you’re facing a DUI charge, it’s important to speak with an experienced attorney as soon as possible. It can be tempting to try to handle the situation yourself, but you should never do this without an attorney.

At Brookman Law Group, we have years of experience in criminal defense, and we know how to help you protect your rights during this difficult time. If you’ve been charged with drunk driving or driving under the influence, Don’t go through this alone— call us at (267) 415-4623 or contact us online to schedule a free consultation with one of our experienced DUI defense lawyers.

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