You made a mistake. Late night drinking, which followed with late night driving. And this mistake ended with flashing lights, sobriety tests, and handcuffs. Although the whole event is still a blur for you, one thing is for certain, you are now facing DUI charges. While the initial event of you getting arrested for driving under the influence can be an extremely traumatic experience, having to fight these charges in court can be more overwhelming. No one wants to have a DUI on his or her record, especially when it comes to his or her career. So the first thing you may be wondering is “how do I get this charge dismissed?”
Driving Under the Influence is considered a criminal offense in Pennsylvania. Due to the seriousness with which the Commonwealth views DUI charges, it is typically very difficult to convince a prosecutor to withdraw or a judge to dismiss the case. However, a good attorney does his or her homework and will utilize any reasonable circumstance to maneuver a favorable outcome.
DUI prosecutions hinge upon the prosecutor being able to prove guilt via one of two methods: (1) Field Sobriety Testing (FST) results or (2) Chemical Testing – either breath or blood. This means that the prosecution can demonstrate the defendant was indeed intoxicated either through officer observation of FSTs, and testimony to such effect, or a breath/blood test which indicates intoxication.
To beat a DUI charge, you must prove both to have yielded flawed results. FSTs can be beaten if the video indicates that the tests were incorrectly administered. These tests are relatively simple, but without appropriate officer instruction or physical conditions, the results should be inapplicable. Likewise, a chemical test must be performed correctly, and the equipment must be demonstrably sound or the results will be rendered invalid.
Beating either method should provide a strong enough position by which to negotiate a favorable plea, and beating both should result in dismissal.
The final way a that DUI charge can be beaten is by challenging the probable cause for the traffic stop in the first place. This is called a suppression motion or hearing. During the hearing, you could challenge the validity or constitutionality of the stop. Every vehicle stop must meet certain factors. If the police cannot tell the court what factors they used, or cannot clearly identify the reasons for your stop, then the case should result in a dismissal. However, you cannot hope to accomplish any of these defenses on your own.
Contact The Law Offices of Greg Prosmushkin, P.C. to schedule a free consultation to discuss your case with a DUI Attorney.
This content was written on behalf of Greg Prosmushkin.