If you have been charged with driving under the influence (DUI) in Pennsylvania, you will need to fight your case to avoid a conviction. This is true regardless of whether you were driving drunk at the time of your DUI arrest. While prosecutors have the burden of proving your guilt beyond a reasonable doubt, if you don’t fight your DUI charge, the judge may have no choice but to accept the prosecution’s version of the events.
With this in mind, how can you prove that you weren’t driving drunk? What if you can’t? Find out what you need to know from Stroudsburg DUI lawyer Brian Jordan:
Proving that You Weren’t Driving Under the Influence at the Time of Your DUI Arrest
To be frank, proving that you weren’t driving under the influence can be challenging. Unlike other types of criminal charges, you usually can’t use an alibi to defend against a DUI. Additionally, even if the arresting officer’s dash camera footage shows you were driving safely, this doesn’t necessarily prove that you were sober behind the wheel.
As a result, even if you weren’t driving under the influence, instead of trying to prove that you are innocent, it might be best to focus on preventing the prosecution from proving that you are guilty. As discussed below, you don’t need to prove you were sober to avoid a DUI conviction in Pennsylvania.
With that said, if you can prove you were sober, this is absolutely a defense that you can—and should—assert. When you hire an experienced Stroudsburg DUI lawyer to represent you, your lawyer will be able to assess your case and determine if this is a viable option.
Important: Proving that You Weren’t Impaired or that Your BAC was Below the Legal Limit Might Not Be Enough
Another important factor to keep in mind when deciding how to fight your DUI is that proving you weren’t impaired or proving that your blood alcohol concentration (BAC) was below the legal limit might not be enough. Under Pennsylvania law, prosecutors only need to prove one of these to secure a conviction. As a result, even if you were driving safely, this isn’t enough to avoid a conviction if you blew above the legal limit. Likewise, even if you didn’t register a high BAC, prosecutors may still be able to secure a conviction by presenting other evidence of impairment.
For example, one potential way to prove that you weren’t driving drunk is by obtaining an independent blood test quickly after your arrest. If this independent blood test shows that your BAC was below the legal limit, you may be able to use this to challenge a “false positive” on the breathalyzer. However, if prosecutors have other evidence of impairment—for example, if you were struggling to drive in a straight line and the arresting officer captured footage of this with his or her dash camera—then even this may not be enough to avoid a DUI conviction.
You Don’t Need to Prove You Were Sober to Avoid a DUI Conviction
While proving that you were sober is one possible way to fight a DUI charge in Pennsylvania, you don’t necessarily need to be able to prove that you were sober in order to avoid a DUI conviction. This is because the prosecution has the burden of proof. Since the prosecution has the burden of proof, if prosecutors cannot prove you are guilty, you are entitled to a “Not guilty” verdict regardless of whether you were driving drunk.
How can you prevent prosecutors from meeting their burden of proof? Some examples of DUI defenses that are not necessarily based on innocence include:
- Unreliable BAC Reading – If you took the breathalyzer and your BAC reading was over the legal limit, you may be able to fight your DUI by arguing that your BAC reading is unreliable. There are various ways to dispute the reliability of breathalyzer test results, from raising issues with how your arresting officer administered the breath test to raising issues with the breathalyzer device itself.
- Unreliable Field Sobriety Test (FST) Results – If you took the field sobriety tests (FSTs) during your DUI stop, you may be able to dispute the reliability of your FST results as well. There are several issues with the FSTs; and, if you can raise these issues effectively, you may be able to prevent prosecutors from using your FST results against you.
- Inconclusive Dash Camera Footage – If prosecutors are intending to use dash camera footage to show that you were impaired behind the wheel, you may be able to raise questions about what this footage really shows. While prosecutors might try to convince the judge or jury to interpret the footage in one particular way, there may be other interpretations that are just as plausible.
- Unconstitutional Traffic Stop or Arrest – When conducting DUI traffic stops, the police have a strict duty to observe drivers’ constitutional rights. If your arresting officer violated your constitutional rights during your traffic stop or arrest, this could potentially render all of the prosecution’s evidence against you inadmissible in court.
But, as discussed above, you must be careful to avoid relying on incomplete defenses that do not fully shield you from a conviction. For example, if prosecutors are planning to rely on your BAC reading and other evidence of impairment, then challenging your BAC reading on its own might not be enough. Regardless of the facts of your case, to avoid unnecessary consequences, you will need to build a comprehensive and cohesive defense strategy—and this makes it important to have an experienced Stroudsburg DUI lawyer on your side.
Schedule a Free Initial Consultation with Stroudsburg DUI Lawyer Brian Jordan
Are you facing a DUI charge in eastern Pennsylvania? If so, we encourage you to contact us promptly to discuss your defense. To schedule a free initial consultation with Stroudsburg DUI lawyer Brian Jordan as soon as possible, call us at 570-373-9343 or tell us how we can reach