FACTS ABOUT DUIS IN PENNSYLVANIA
Jan. 22, 2021
When Facing Drunk Driving/DUI/DWI Charges, An Experienced, Local Lawyer Can Be Your Strongest Advocate
Drunk driving, known as driving under the influence (DUI) in Pennsylvania or driving while intoxicated (DWI) in New Jersey, is a serious offense. Even on a first offense, you could be fined, spend time in jail and face a one-year driver's license suspension. The penalties for second-offense DUI are even more severe.
At The Law Offices of John Della Rocca, Attorney John Della Rocca fights DUI charges as well as all related charges, including underage DUI and driving while suspended for DUI. With 20 years of criminal defense experience, he is prepared to take on any challenge.
Elements Of Building Your DUI Defense
To be successful, a Philadelphia DUI defense lawyer must understand the elements that a prosecutor must prove to obtain a conviction. In DUI cases, the prosecution must prove two elements beyond a reasonable doubt: that the accused was operating a motor vehicle and was intoxicated at the time of operation.
The first element, operation, is typically established by a police officer actually observing the accused individual driving the vehicle. In some cases, circumstantial evidence showing that the accused intended to operate the vehicle may be sufficient. For example, if your keys were in the ignition, but the car was not moving, you may still be convicted.
The second element, intoxication, is typically established by using a chemical test, usually a breath or blood test, to show that blood alcohol content was at or above the legal limit of .08 percent. In some cases, if chemical test evidence is thrown out or not available, the prosecution may attempt to use evidence gathered through field sobriety tests and police officer observation to prove drunk driving.
Defense Strategies In Drunk Driving Cases
People often think that if they are caught drinking and driving, they might as well plead guilty. That is not the case. There are defense strategies that can prove effective. In fact, John Della Rocca commonly looks to more than 10 ways to win a DUI case. Even when a case cannot be won, an experienced attorney may be able to limit harmful exposure and minimize the penalties.
Charged With DUI? Contact A Local Lawyer Who Can Protect Your Rights.
If you have been accused of DUI, take action to ensure that it does not impact your life. Let John Della Rocca defend your rights and help you move forward with your life.