Those who face DUI charges also face heavy fines, jail time, and license suspension. Hiring a DUI Defense Law Attorney in Kutztown PA is advisable because the attorney can help determine whether a client is eligible for a first-offender program. To find this out, the lawyer will review the arrest’s circumstances and form a defense strategy, which may include one or more of the following.
Challenging the Stop
Pennsylvania’s motor vehicle code allows officers to make stops based on reasonable suspicion. This doesn’t always mean that an activity is criminal, however. DUI attorneys often challenge the constitutionality of traffic stops based on the ‘reasonable suspicion’ standard. If a stop is found to be unconstitutional, any evidence gathered thereafter is ruled inadmissible.
DUI Roadblocks and Checkpoints
In Pennsylvania, DUI roadblocks must be stationary and well-marked. The state has other requirements that police must follow to ensure the constitutionality of the roadblock or checkpoint. These invoke constitutional and state laws protecting motorists from illegal search and seizure, and as such, a lawyer may use one of many possible defenses.
The Arrest Itself
Police officers have the legal authority to make warrantless arrests for DUI violations based on probable cause, which exists when the case’s circumstances and facts allow an officer to believe a person has committed a crime. If the court determines that no probable cause existed, however, the case may be dismissed.
Field Sobriety Tests
Field tests are the customary way for an officer to determine whether a suspect should be arrested for driving under the influence. The purpose of such a test is to give an officer probable cause to perform the arrest. These tests, including preliminary breath testing, all have specific guidelines for administration. A dui defense law attorney in Kutztown PA will review the circumstances surrounding the tests to determine whether they can be successfully challenged.
Make an Appointment Today
There are numerous other strategies lawyers can use in these cases. It’s important for clients to contact a lawyer as soon as possible after a DUI arrest. Penalties for drunk driving are severe, and thankfully, there are plenty of opportunities for attorneys to challenge a prosecutor’s case. With their future on the line, the client should take every step possible to protect their rights. Schedule an appointment by phone or visit the website for more details.
