If you’ve recently been charged with driving under the influence of alcohol, then you’re probably in a pretty bad place emotionally – especially if this is your first offense along these lines. While it’s never a good idea to mix drinking and driving, the fact of the matter is that sometimes people make mistakes, and those who choose to learn from their mistakes don’t necessarily deserve to have DUI convictions mar their records for the rest of their lives. Therefore, if you’re facing a DUI accusation, then it’s imperative that you find a good lawyer who is familiar with the workings of the local system. Although the situation might seem hopeless, it’s important to realize that DUI attorneys are there for a reason – to help clients get favorable outcomes given the circumstances at hand. In fact, it’s not unheard of for a lawyer to help a person charged with DUI walk away from the situation free and clear, or at least with a much “better” punishment than he otherwise would have received.
Charles Nistico of the firm Nistico Roberts, P.C. is an experienced DUI attorney who has been serving Pennsylvania’s Philadelphia, Chester, Delaware, Montgomery, and Bucks counties for more than 30 years, and according to him, the following are some of the most common defenses that tend to come into play, as applicable, over the course of a DUI trial:
A lack of probable cause for a stop
Police officers are not allowed to just pull people over at random. Rather, an officer needs to be able to justify his actions when stopping a car and questioning a driver. If an attorney can prove that there was a lack of reasonable suspicion on the part of the police officer who pulled you over, then he might be able to get you off the hook for your DUI charge.
A problem with the blood alcohol test
The average person charged with DUI tends to assume that if his blood alcohol testC comes back with a reading that is over the legal limit, then he doesn’t stand a chance on the defense front. The reality, however, is that a lot of protocol comes into play when giving such blood alcohol tests. In the case of breathalyzer machines, it is possible for a unit to be improperly maintained or calibrated. And when it comes to blood tests, it is possible to prove that the specimen in question did not follow the appropriate chain of custody as it passed hands from lab technicians to law enforcement officials. An attorney can also argue that a blood alcohol test might not have been given within the appropriate 2-hour window period as called for by law. Therefore, just because a blood alcohol test reading might initially seem to work against you doesn’t mean that your lawyer won’t be able to negate its validity.
The wrong tier classification
In Pennsylvania, the extent to which a person is drunk can impact his sentencing for a DUI charge. A Tier 1 offense (which involves a blood alcohol level of .08% to .099%) can result in certain penalties, while the punishment for a Tier 2 offense (for a blood alcohol content between .10% and .159%) is likely to be even greater. While an attorney might not be able to clear your name completely as far as your DUI charge is concerned, he might be able to argue the fact that you’re being charged with the wrong tier classification, thereby minimizing the consequences.
Although driving while under the influence of alcohol is clearly against the law, if you’re accused of doing so, then you do have the right to a solid defense. The right attorney can study the facts of your situation and come up with a defense to help you walk away with as little damage as possible. And although the circumstances might seem rather bleak, it never hurts to do what you can to fight back.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
