Avoid These Pennsylvania DUI Mistakes When Pulled Over
If you have recently been accused of a DUI, the moments immediately after the officer pulls you over and accuses you of drinking and driving are important. This is because many people make the mistakes in their DUI case immediately after being accused, and don’t realize the administrative or the criminal penalties that may apply.
You should always speak with a lawyer to get more clarification on how you intend to proceed with a DUI case so that you have the facts fresh in your mind. This is one of the best ways to avoid a problem and to ensure that you take your case seriously.
What follows are several of the most common mistakes made at the scene of a DUI arrest:
- Assuming that the case is impossible to win. If you speak to a criminal defender who starts to tell you immediately about your options for pleading guilty, it’s a good idea to get a second opinion. This can be a big mistake to assume that the case it over with before it even begins
- Not visiting the scene. Make sure that you ask your criminal defense lawyer if they are comfortable or familiar with the area where the accident or the stop occurred. This is because you will want to conduct a comprehensive investigation and identify whether or not there are any challenges that can be used to threaten the government’s case.
- Stipulating to the BAC presented by the authorities. You should never allege that the BAC is perfectly accurate until you have had an opportunity to identify whether or not this is true. In some cases, the machines used to identify blood alcohol content have not been properly calibrated or the person conducting the test did not know how to do it appropriately. You should always question whether or not this information is accurate rather than simply assuming that what the police officer says is automatically true.
- Failing to put together a pre-trial motion. In practically every case of DUI in Pennsylvania, a pre-trial motion should be argued and filed. This is true even when no preliminary hearing was held.
- Not questioning the validity of roadside tests. Roadside tests can be wildly subjective and may not actually identify whether or not a person is guilty of DUI. This is what makes it so important to retain an attorney who is knowledgeable about this field of the law and who will fight back.
- Not using expert witnesses. Expert witnesses can make a big difference in winning and losing a trial. You may need to engage expert witnesses if there are extenuating circumstances in your case. This is particularly true as it relates to the reliability of breath or blood testing results. Expert testimony can be used to show that the officer in question was not handling the case appropriately. You need to talk to an experienced criminal defense attorney who is knowledgeable about DUI and one who regularly utilizes expert services. These are often an invaluable part of the equation.
- Waiving a preliminary hearing. If you plan on contesting the charges against you, you should be prepared to head into the preliminary hearing. Just as if you pleaded guilty, you will be found 100% of the time by waiving a preliminary hearing because this means that you are not contesting the charges.
It is far better to schedule a consultation with an experienced criminal defense attorney who will walk you through every phase of your case and help you feel more prepared about what to expect. There are so many different circumstances that can affect the outcome of your DUI case but all of them can benefit from talking to a lawyer.
Contact The Law Office of John E. Kusturiss, Jr.
At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.
There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.
