Experienced Attorney Pursues Effective DUI Defense Strategies in Pennsylvania
Tested methods give clients a fighting chance at a favorable outcome
A DUI/DWI conviction carries profound consequences. These include jail time, a stiff fine and license suspension, as well as required community service and installation of a breath alcohol ignition interlock device (IID) in one’s vehicle. Unfortunately, many DUI defendants do not understand the scope of their rights and the ways that an experienced attorney can challenge the charges against them. Instead of mounting an aggressive defense, they often make undue admissions of guilt and rely on the mercy of the court, to little avail. At Phil DiLucente & Associates, LLC, we believe that every defendant should assert a vigorous defense that puts the burden on authorities to prove every element of the case. When you retain our services for your DUI case, we employ proven strategies to deliver the best possible results under the facts of your case.
Defenses based on police procedure
Except for random DUI checkpoints, police cannot make traffic stops without reasonable suspicion. They also cannot make an arrest without probable cause to believe a crime has been committed. Yet, officers are only human, and, whether inadvertently or deliberately, they commonly violate these constitutional standards.
An experienced DUI lawyer knows how to question officers about your stop in order to determine whether it was reasonable. Simply pulling you over because you looked out of place in a particular location is not sufficient. Nor can an officer assume that because you left a tavern at a late hour, you had become intoxicated. Our legal team is dedicated to protecting your constitutional right to be free from illegal stops and illegal seizures of evidence.
You also have a constitutional right to counsel, which means you can have an attorney present during the DUI interrogation and any sobriety tests administered. If you were denied this right, a court might consider the evidence that was gathered to be inadmissible in court.
Defenses based on testing inaccuracy
If an officer conducts a field sobriety test, that test must meet accepted standards. Certain tests, such as asking a driver to put a finger to his nose, are not regarded as reliable measures of intoxication. If the test you were given is not accepted by the National Highway Transportation Safety Administration, we can challenge whether the results provided probable cause for an arrest.
When it comes to breathalyzer and blood alcohol test results, you have a right to know whether the equipment had been properly maintained and whether the test was administered in a correct manner. The accuracy of the results depends on these factors, which are too often neglected, leading to inaccurate results.
Defenses based on driver behavior
A person accused of DUI may have a reasonable defense based on the facts and circumstances and the time of the arrest. The person might not have been attempting to operate the vehicle. Or he or she might have a valid reason for appearing to be under the influence of alcohol or drugs, such as fatigue, physical disability or allergies.
Managing the impact of prior DUI convictions
A prior DUI conviction can lead to enhanced charges with more severe penalties. If you have such a conviction on your record, that’s all the more reason to retain the most effective counsel you can find. Our firm has decades of experience helping drivers obtain the best results possible upon a second or subsequent DUI arrest.
Contact a Pennsylvania DUI lawyer for a free defense strategy consultation
Phil DiLucente & Associates, LLC in Pittsburgh employs effective defenses in behalf of motorists in Pennsylvania DUI cases. Please call 1.800.GET.PHIL or contact us online to schedule a free consultation.