10 Ways To Win Your DUI Case

Do not assume that your DUI case is unbeatable. These are complex matters, and there are a wide range of defense strategies that have proven effective in these cases. Attorney John Della Rocca at The Law Offices of John Della Rocca has more than 17 years of experience using these defense strategies to benefit people like you. While there are many effective defense strategies, here are 10 ways to win a Philadelphia DUI case.

The Traffic Stop Was Illegal And Was Not Supported By Probable Cause

A police officer must have reasonable suspicion to pull a driver over. If the police officer cannot explain why he or she reasonably suspected the driver had broken the law, the traffic stop may be declared unconstitutional and the DUI charge may be dismissed.

The Arrest Was Illegal And Was Not Supported By Probable Cause

A police officer must have probable cause to arrest someone. If the police officer did not have sufficient evidence to merit probable cause, the arrest may be declared unconstitutional. The drunk driving charge may be dismissed.

The Field Sobriety Tests Were Administered Improperly

First of all, field sobriety tests are voluntary. If a police officer forced the driver to take these tests, the accused individual's Fourth Amendment rights may have been violated and the test results may be thrown out. Furthermore, these tests must be administered properly. If, for example, the tests are conducted on uneven ground, they may be considered invalid.

The Breath Test Was Administered Improperly Or The Equipment Was Faulty

Like all tools, there is a right way and a wrong way to use a breath test machine. If a police officer uses the machine incorrectly, the results may be thrown out. Additionally, mechanical issues may impact the accuracy of the results. For example, some machines are affected by temperature. If a machine is stored in the trunk on a cold day and not allowed to warm up before being used, the results may not be accurate and should be considered invalid.

A Medical Issue Or Some Other Factor Interfered With The Breath Test

Many everyday issues can lead to false positives on a breath test. For example, if a person burps after recently consuming alcohol and then takes a breath test, the results may show a higher blood alcohol content (BAC) than normal. If a person is running a fever when he or she takes the test, the results may also be skewed. An experienced lawyer will review the case to determine if any interfering factor was present and seek to have results thrown out.

The Blood Test Was Administered Improperly Or The Equipment Was Faulty

While blood tests are typically conducted in a more controlled environment than breath tests, there still exists the possibility of errors. Was an alcohol swab used on the draw site? Was the sample handled correctly during the testing process? Any issue that could interfere with the accuracy of the results could lead to the results being considered invalid.

A Medical Issue or Some Other Factor Interfered With The Blood Test

An enzymatic method is typically used for determining BAC in blood tests. However, this method may lead to inaccurately high readings that confuse serum alcohol, which may be produced by tissue trauma such as bruises, with ethyl alcohol. If there is reason to believe that such a factor interfered with the blood test, the results should be thrown out.

The Accused Was Not Operating A Vehicle

Occasionally, a person will be charged with DUI even though he or she was only caught sitting or sleeping in the vehicle. If the police officer did not personally witness the individual driving while intoxicated, the case may be dismissed. In such cases, the court must determine whether the evidence establishes beyond a reasonable doubt that the defendant was either in actual physical control of the vehicle (keys in ignition or engine running) or driving.

Jurisdictional Issues And Speedy Trial Issues

The location of the crime dictates which courts will hear the case and which police officers can conduct the arrest. In some cases, if a police officer makes an arrest for DUI outside of his or her jurisdiction, it may be used as part of a defense strategy. In Pennsylvania, the prosecution has a limited amount of time to try your case. If the Commonwealth fails to prosecute your case during the allotted time frame, the case can be dismissed under Rule 600 or Rule 1013 (applicable to Philadelphia Municipal Court cases).

Diversion Programs

What many people accused of drunk driving do not know is that there may be programs available, particularly for first offenders, that can lead to a positive outcome, even if the evidence is strong. An experienced lawyer will know all available options.

Contact Pennsylvania And New Jersey DUI Defense Attorney John Della Rocca

If you have been accused of DUI, take action to ensure that it does not impact your life. Let John Della Rocca help you secure the results that you need to be able to move forward with your life. To schedule a free initial consultation, call 267-234-7670 or toll free at 800-668-8981, or contact attorney John Della Rocca by sending an email contact form.