What Facts Will (and Won’t) Protect You in a Pennsylvania DUI Case?

When facing a driving under the influence (DUI) charge in Pennsylvania, you must make informed decisions about your defense. A DUI conviction can have serious consequences, and you need to do everything you can to avoid these consequences if at all possible.

Making informed decisions about your defense starts with understanding the facts that will (and won’t) protect you.

Pennsylvania’s DUI statute is complex. In Pennsylvania, you can face a DUI conviction based on actual impairment or having a blood alcohol concentration (BAC) over the legal limit. Prosecutors do not need to prove both. As a result, many facts that people often think will protect them won’t, and presenting these facts in court can potentially do more harm than good.

Understanding the Facts that Are (and Aren’t) Relevant to Your DUI Case in PA

So, what facts will (and won’t) protect you after a DUI arrest in PA? Here are some key examples:

5 Facts that Can Help Protect You in a PA DUI Case

1. The Police Don’t Have a Valid Justification for Your Traffic Stop

If the police don’t have a valid justification for your traffic stop, this could render the prosecution’s evidence against you inadmissible in court. The police need “reasonable suspicion” to conduct a traffic stop, and conducting a traffic stop without reasonable suspicion constitutes a violation of DUI suspects’ Fourth Amendment rights.

2. The Police Failed to Adequately Explain How to Take the Breathalyzer or Field Sobriety Tests (FSTs)

When asking you to take the breathalyzer or field sobriety tests (FSTs), the police must adequately explain how to perform each test. If you didn’t understand what you needed to do to provide a breath sample or pass any of the FSTs (the one-leg-stand test, walk-and-turn test, or horizontal gaze nystagmus test), prosecutors shouldn’t be able to use your “failure” against you.

3. There Were Issues with the Breathalyzer Device or How the Police Administered Your Breath Test

If your blood alcohol concentration (BAC) was over the legal limit, you can expect prosecutors to try to use it against you. However, several issues can render a BAC reading unreliable. For example, if the breathalyzer device wasn’t properly calibrated or the police officer administered your breath test improperly, these issues could have produced an inaccurate reading.

4. The Police Interrogated You in Custody Without Reading Your Miranda Rights

If you admitted to drinking and driving, you can expect prosecutors to try to use your confession against you as well. However, there are various ways to dispute the relevance and the admissibility of any statements you made to the police.

One way is to show that the police interrogated you in custody without reading your Miranda rights. Under the Fifth Amendment, the police are required to read your Miranda rights before conducting a “custodial interrogation.” If they fail to do so, your statements could be inadmissible in court.

5. There is an Alternate Explanation for Your Driving Behavior, High BAC, or “Failure” of the FSTs

While alcohol consumption is one possible explanation for erratic driving, a high BAC, or “failing” the FSTs, all of these can have other explanations as well. If there is (or even if there might be) an alternate explanation for something that prosecutors intend to use against you, this could prevent them from meeting their burden of proving your guilt beyond a reasonable doubt.

5 Facts that Won’t Protect You in a PA DUI Case

1. You Didn’t Realize You Were Too Drunk to Drive

In PA DUI cases, intent is irrelevant. In other words, it doesn’t matter whether you knew you were too drunk to drive. If your BAC was over the legal limit or you were “rendered incapable of safely driving” as a result of consuming alcohol, this alone is enough to warrant a conviction.

2. You Only Had One or Two Drinks

It also doesn’t matter how much you had to drink. Different people’s bodies respond to alcohol differently. Again, if your BAC was over the legal limit or you were impaired as a result of your alcohol consumption, this is all prosecutors need to secure a conviction under Pennsylvania law.

3. You Thought You Had Waited Long Enough Before Driving

Likewise, even if you thought you did the right thing by waiting to drive, you can still be convicted of DUI if you violated the law. This is due to the “strict liability” nature of the offense. Regardless of whether you tried to avoid drinking and driving, if you drove under the influence, you are at risk of facing a conviction under Pennsylvania law.

4. You Were Driving Safely Even Though Your BAC Was Over the Legal Limit

A key aspect of Pennsylvania’s DUI statute is that it allows prosecutors to secure a conviction based on either a high BAC or actual impairment. As a result, even if you were driving safely, if your BAC was over the limit, you are still at risk of facing a conviction.

5. You Didn’t Have Another Way to Get Home

Claiming that you didn’t have another way to get home is not going to protect you in your PA DUI case. If anything, it will show that you knew you were too drunk to drive. These kinds of statements can be hazardous, and you must work closely with an experienced DUI defense lawyer who can help you avoid saying anything that could lead to a conviction.

Again, these are just examples. Every DUI case has unique aspects, which will frequently determine the defenses that are (and aren’t) available. To ensure you make informed decisions with your long-term best interests, you should discuss your PA DUI case with an experienced defense lawyer as soon as possible.

Request a Free Consultation with Stroudsburg, PA DUI Defense Lawyer Brian Jordan

If you are facing a DUI charge in Pennsylvania, we encourage you to contact us promptly for more information. To confidently discuss your case with Stroudsburg, PA DUI defense lawyer Brian Jordan, call 570-373-9343 or request a free consultation online today.