5 Types of Evidence in Pennsylvania DUI Cases (and How to Keep Them Out of Court)

If you are facing a DUI charge in Pennsylvania, one of your most effective defense strategies could be to keep the prosecution’s evidence out of court. If prosecutors can’t use their evidence against you, they won’t be able to prove your guilt beyond a reasonable doubt.

So, how do you keep evidence out of your DUI case in Pennsylvania?

The short answer is, “It’s complicated.” Additionally, while it will be possible to keep evidence out of court in some cases, it won’t be possible in others. To ensure you make informed decisions about your defense, you must discuss your case with an experienced DUI defense lawyer as soon as possible.

The Main Types of Evidence Used in Pennsylvania DUI Cases

Prosecutors can use several types of evidence in Pennsylvania DUI cases. However, every kind of evidence can be challenged on various grounds. With this in mind, here are five of the main types of evidence used in Pennsylvania DUI cases, along with some of the strategies that defendants (and their defense lawyers) can use to keep them out of court:

1. Blood Alcohol Concentration (BAC) Reading

Under Pennsylvania’s “implied consent” law, you are required to submit to a blood alcohol concentration (BAC) test when the police pull you over on suspicion of DUI. Suppose your BAC exceeds the legal limit (0.08 percent for non-commercial drivers over 21). In that case, you can be arrested for DUI regardless of whether your driving abilities were impaired. This makes your BAC reading a critical piece of evidence in your case.

How to Keep Your BAC Reading Out of Court: How can you keep your BAC reading out of court? One option is to challenge the constitutionality of your traffic stop or arrest. If the police stopped or arrested you, violating your Fourth Amendment rights, all evidence obtained after the breach could be inadmissible in court.

Even if the police didn’t violate your Fourth Amendment rights, you may still have options for challenging your BAC reading. Did your arresting officer fail to explain the testing procedure adequately? Is there an alternate explanation for your high BAC? Is there a possibility that the breathalyzer device wasn’t correctly calibrated? These are just a few examples of numerous potential issues.

2. Field Sobriety Test (FST) Results

Just as prosecutors don’t need evidence of impairment if your BAC was over the legal limit, they don’t need your BAC if you were under the influence of alcohol behind the wheel. One way prosecutors can show that you were under the influence is by presenting your field sobriety test (FST) results in court.

How to Keep Your FST Results Out of Court: Like breathalyzer test results, FST results can be challenged on various grounds. Failing to adequately explain the testing procedures, incorrectly reporting a suspect’s performance on the tests, and having an alternate explanation for “failing” the FSTs (i.e., the ground was slippery or uneven) are just a few examples.

3. Dash Camera or Body-Worn Camera Footage

Police in Pennsylvania use both dash cameras and body-worn cameras to document their traffic stops and arrests. If you were caught on video driving erratically or stumbling during the FSTs, prosecutors will almost certainly try to use this footage against you at trial.

How to Keep Dash Camera or Body-Worn Camera Footage Out of Court: What can you do if prosecutors have footage of your traffic stop or arrest? One option is to assert a violation of your Fourth Amendment rights (if possible). Another option is to raise issues with the footage itself. Even if you were driving erratically, this doesn’t necessarily mean you were drunk. Likewise, even if you stumbled during the FSTs, there could be a variety of explanations other than alcohol impairment.

4. Your Statements to the Police

If you admitted to drinking and driving, you can expect prosecutors to try to use your own words against you at trial. Confessions can be strong evidence of guilt and regularly lead to convictions (even when they shouldn’t).

How to Keep Your Statements to the Police Out of Court: With this in mind, how can you keep your statements out of court? Other constitutional rights apply during a DUI stop along with your Fourth Amendment rights. For example, if the police violated your Fifth Amendment rights by interrogating you in custody without reading your Miranda rights, this could render your confession inadmissible in court.

5. The Police Officer’s Testimony

Along with your statements, prosecutors may also rely on your arresting officer’s testimony in court. If the officer testifies that you were driving erratically, that you smelled of alcohol, or that you exhibited signs of impairment on the side of the road, these could all lead to a conviction.

How to Keep the Police Officer’s Testimony Out of Court: Violations of your constitutional rights can justify keeping your arresting officer’s statements out of court, as can various other substantive and procedural issues. You will need to speak with an experienced DUI defense lawyer to find out your options.

To be clear, while these are five of the main types of evidence that prosecutors can use in Pennsylvania DUI cases, these are not necessarily the only types of evidence that will be available. To ensure you are doing everything necessary to protect yourself, you must rely on your defense lawyer to determine what evidence prosecutors have in their possession (or may be able to obtain) in your case.

Discuss Your Case with Stroudsburg DUI Defense Lawyer Brian C. Jordan

Your defense lawyer may be able to present other types of favorable evidence as well. Every case has unique aspects; even minor details can prove critical. If you are facing a DUI charge in Pennsylvania, you should discuss the details of your case with an experienced defense lawyer as soon as possible. Call 570-764-4114 or contact us online to arrange a free consultation today.