DUI and DWI Charges

If charged with DUI or DWI Don’t be a Deer in the Prosecutor’s Headlights

DUI and DWI, otherwise known as driving while under the influence is one of the most successfully prosecuted criminal offenses. Between video tapes, dash board cameras, iPhones, and courts liberally allowing Officer’s observations, obtaining a defense attorney early is essential to safeguard your rights. The police must prove two elements for a DUI, DWI offense: 1) the person was operating the vehicle, and 2) the person was intoxicated. Police must follow chain of custody procedures to ensure evidence is properly preserved. Further, the police have time limits for which they must test a person, from first stopping them.

Finally, while often reliable, breathalyzer tests are not always accurate or the device also might be improperly calibrated. Since, as recently as 2012 and 2016, the Philadelphia Police Department, and the District Attorney’s Office had hundreds of DUI, DWI cases compromised due to malfunctioning machines. An experienced defense attorney is invaluable to demonstrating and presenting this evidence in court.

Defenses to DUI and DWI:

  • No Probable Cause to Stop
  • No Miranda Warnings
  • Testing Outside the Time limits
  • Testing During the Absorption Phase
  • Improperly Calibrated Breathalyzer
  • Consumption of Legally Prescribed Medicine
  • Poor Performance on Field Sobriety Test due to Physical Injuries/Impairments

Also, the clues and practices police departments use to detect persons suspected of DUI and DWI lays within the United States Department of Transportation National Highway Traffic Safety Administration Guide.

  1. Problems in maintaining proper lane position
    1. Weaving
    2. Weaving across lane lines
    3. Straddling a Line
    4. Swerving
    5. Turning with an especially Wide Radius
    6. Drifting
    7. Almost Striking a Vehicle or Another Object
  1. Speed and Braking Problems
    1. Stopping Problems (either too far, too short, too jerky)
    2. Accelerating or decelerating for no apparent reason
    3. Varying Speed
    4. Slow speed (10+ MPH under the limit)
  1. Vigilance Problems
    1. Driving in opposing lanes or the wrong way on a one way street
    2. Slow response to traffic signals
    3. Slow or failure to respond to Police signals
    4. Stopping in Lane for no Apparent Reason
    5. Driving without headlights at night
    6. Failure to signal or signal is inconsistent with action
  1. Judgment problems for DUI, DWI Suspects
    1. Following too closely
    2. Either Improper or unsafe lane change
    3. Illegal or unsafe lane change
    4. Either Illegal or improper turn (too fast, jerky, sharp)
    5. Driving while on other than the designated roadway
    6. Stopping inappropriately in response to police
    7. Either Inappropriate or Unusual behavior (throwing, arguing)
    8. Appearing to be impaired
  1. Post Stop DUI, DWI, Cues
    1. Difficulty with motor vehicle controls
    2. Difficulty while exiting the vehicle
    3. Fumbling with Driver’s license or registration while getting the items
    4. Repeating questions or comments
    5. Either Swaying, unsteady, or balance problems
    6. Leaning on the vehicle or other object
    7. Slurred speech
    8. Slow to respond to police or police must repeat
    9. Providing incorrect information, changes answers
    10. Odor of alcoholic beverages from driver