DUI Defenses

If you or someone close to you has been arrested for a DUI, conviction can have serious implications on your life. You need to immediately hire an experienced Pittsburgh DUI Lawyer who would try and explore the following defense options.

Possible Defense Arguments

Here are some of your possible defense arguments that can tilt the case in your favor.

You Weren’t Impaired as Claimed

Police often rely on physical indications to judge whether a person is impaired or not. For instance they may consider you to be under the influence if you have bloodshot eyes or a flushed face. But, these aren’t only the result of intoxication, they can also be caused by illness and allergies. Thus, the basic ground for the field sobriety test is proven false and the charges dropped.

The Stop Wasn’t Legal

If you have carefully read the US Constitution you would be aware of your rights under the Fourth Amendment. It states “The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. Ultimately, a person can only have three types of interactions with the police - consensual encounters, investigative stops, and arrests. Since this is a case of investigative stop the police must work under the limits which the law has mandated for them. Any violation means that the evidence collected won’t be admissible in court.

There Was No Valid Reason to Stop You

The law states that the police should have a legitimate reason to stop you and this includes the possibility of a crime. If they didn’t have valid reason to stop you, they have committed an illegal action. Evidence gathered by them isn’t admissible in court.

DUI Checkpoint Didn’t Meet Standards

Every DUI checkpoint needs to meet certain guidelines and standards. Such checkpoints are set in places where there are regular violations or places that have been agreed upon by the supervising officials and must be clearly marked. They can’t stop anywhere and everywhere and your attorney would closely take note of the fact whether these standards were followed. If not the charges against you would stand no chance.

The Test Wasn’t Administered Correctly

Clear standards have been set with respect to how blood, urine and breath samples are taken and measured. These tests need to be conducted within 2 hours of arrest and the testing equipment should be in proper working order and any irregularity in the device would make the results of these tests inadmissible. In fact, in the last few years there have been many instances where the breathalyzers used in testing the accused has been questioned in the court.

Equipment Wasn’t Calibrated Properly

Devices used to test breath and blood has to be calibrated to ensure they put out reliable results. If not their results won’t stand in the court.

You Weren’t Driving the Vehicle

The basic argument of a DUI charge is that the driver shouldn’t have BAC levels of 0.08% and above or not be impaired. But if you weren’t actually driving the vehicle you can’t be charged for intoxication. If the police came to a scene and didn’t see the person actually sitting in the driver’s seat they can’t simply assume that you had been drinking and driving the vehicle. A witness’ testimony that you didn’t drive the vehicle is enough to get the charges against you dismissed.

Police Report Isn’t Totally Accurate

Police often tend to exaggerate in their reports to try and make sure that you are held guilty and punished accordingly. While the police representative in the court would rely on the report, your Pittsburgh DUI Lawyer would try and spot shortcomings in the police report. Any discrepancy found in the report is enough to get their entire testimony discredited to ensure that the charges don’t stand in the court.

How a Lawyer Will Help

In most DUI cases the skills and expertise of your Pittsburgh DUI Lawyer would come to your rescue. Your attorney would explore all defense options to protect your rights and interests.

To get in touch and schedule a free initial consultation with an experienced Pittsburgh DUI lawyer from Logue law, contact us online or call 1-844-PITT-DUI or 412-389-0805.