DUI Defenses

Mountaineer Law Group has built a strong reputation in the greater Morgantown area for our respected expertise, especially when it comes to aggressively handling DUI charges. Attorney Sean Logue brings over a decade of experience to the table, consistently securing favorable results for his clients and achieving unmatched success in the local courts. Because a DUI conviction can have serious, life-altering consequences, it is vital to quickly hire a reputable criminal defense attorney.

At our group, we offer you a distinct advantage: an exceptional attorney who deeply understands the many facets of DUI cases. This includes everything from legal complexities to the scientific and technical details. We carefully investigate every angle to find potential defense strategies that can effectively challenge the state’s case against you. Our commitment is to provide top-quality legal representation when you are facing the serious impact of a criminal charge.

Are you facing a DUI charge? Schedule a free case evaluation with our respected Morgantown criminal lawyer at Mountaineer Law Group. You can submit your contact details online or call us now at (304) 381-3656.

Types of DUI Cases We Handle

• First-offense DUI
• Second DUI
• Driving under the influence of drugs
• Driving under the influence of prescription drugs
• Underage DUI
• DUI with accident/injury
• DUI with blood alcohol content over 0.16%
• DUI with child endangerment
• Out-of-state DUI
• Extreme DUI

Potential Defenses to Your DUI Charge

When you are up against a DUI charge, knowing your potential defenses is essential for protecting your rights and tipping the scales in your favor. This article outlines four key defense arguments that a skilled Morgantown DUI attorney might use to fight the charges and ensure a fair legal process.

These defenses may include:

You Weren’t Impaired

Police officers often rely on physical signs, like bloodshot eyes or a flushed face, to decide if someone is impaired. However, these signs can easily be caused by things that have nothing to do with intoxication, such as allergies or illness. By showing that these visual cues are not solid proof of impairment, we can refute the basis for the field sobriety test. This could potentially lead to the charges being dropped.

The Stop Wasn’t Legal

The Fourth Amendment protects you from unreasonable searches and seizures without probable cause. For a DUI stop, the police must stay within specific legal limits. If your Morgantown criminal lawyer can prove the stop was unlawful, any evidence collected afterward becomes inadmissible in court. This significantly weakens the prosecution’s case against you.

No Valid Reason to Stop You Existed

For a police stop to be lawful, there must be a valid reason to detain you, usually involving suspicion of a crime. If there was no valid reason for the stop, the entire encounter is considered an illegal action. As a result, any evidence gathered after an unauthorized stop is deemed inadmissible. This creates a strong opportunity for a skilled attorney to challenge the charges.

The DUI Checkpoint Did Not Meet Standards

DUI checkpoints must follow strict guidelines and standards. They must be placed in areas with a history of violations or be approved by supervising officials. Proper signage is also required to ensure fairness and transparency. If these requirements aren’t met, the charges against you could be invalid. Your Morgantown DUI attorney will evaluate checkpoint compliance as a key part of your defense strategy.

The Chemical Test Wasn’t Administered Correctly

Getting accurate results from blood, urine, and breath samples is critical in DUI cases. There are clear standards for the timing and method of these tests, including a maximum two-hour window from the time of arrest. Furthermore, the testing equipment must be properly calibrated and maintained. Any mistake or deviation from these protocols can make the test results inadmissible as evidence, which can severely damage the prosecution’s case.

Testing Equipment Wasn’t Calibrated Properly

To get reliable results, the devices used for breath and blood testing must be calibrated correctly. If these devices are not calibrated, the test results may be invalid and therefore inadmissible in court. A knowledgeable lawyer will always check the maintenance records of these devices.

You Weren’t Driving the Vehicle

The main basis for a DUI charge is a blood alcohol concentration (BAC) of 0.08% or higher, or visible impairment while operating a vehicle. However, if you weren’t driving, you cannot be charged with intoxication. Police assumptions that you were drinking and driving, without actually seeing you in the driver’s seat, do not hold up. Witness testimony confirming that you weren’t driving can lead to a dismissal of the charges.

The Police Report Is Not Accurate

Police reports can sometimes contain exaggerations to help secure a conviction and punishment. However, a Morgantown DUI attorney can closely examine these reports to find errors and inconsistencies. Highlighting even minor discrepancies in court can damage the credibility of the police testimony, potentially leading to the case being dismissed.

How a DUI Defense Attorney Can Help

A lawyer can use various arguments to defend clients facing DUI charges in Pennsylvania, specifically in Berks County. At Mountaineer Law Group, we look at every possible angle to protect your rights and interests.

Take the first step in protecting yourself by filling out our online contact form or calling (304) 381-3656 to schedule a free consultation with a Morgantown criminal lawyer.