DUI Lawyer Located in Luzerne County
Also Serving Lackawanna, Monroe, Columbia, Wyoming, Susquehanna, Schuylkill, Carbon, Pike, and Wayne Counties
Luzerne County DUI lawyer who understands both Pennsylvania law, and the process by which DUI arrests are made. The reality is that a DUI test is not a perfect barometer of whether a driver is intoxicated, and the Law Office of William I. Abraham knows how to investigate the validity and accuracy of the tests.
Call us at (570) 762-9988 or reach out here online to set up a free consultation. We serve Luzerne, Lackawanna, Monroe, and Columbia counties, and beyond.
Probable Cause in a Pennsylvania DUI Case
The first step is to determine whether there was probable cause for the officer to administer the test to begin with. Probable cause is a reasonable belief that a crime has been or is being committed, and must be established before an officer can conduct a DUI test.
In DUI cases, this means an officer must have some evidence that suggests that the driver at least might be under the influence of alcohol or drugs. This evidence could include erratic driving, slurred speech, glassy or bloodshot eyes, and the failure of field sobriety tests.
It’s important for drivers to understand that a police officer must have probable cause for not only the stop, but the roadside tests as well. This means a driver, so long as they decline to answer any questions—notably as to whether they have been drinking—is usually able to refuse a roadside test without this being held against them later.
Challenging DUI Evidence with Luzerne County Legal Help
Our Luzerne County DUI attorney can subpoena footage from a police officer’s dashboard camera to find out if probable cause did, in fact, exist. If it did not, any evidence gathered—which in a DUI case, is likely the totality of the prosecution’s evidence—is inadmissible in court.
Contact the Law Office of William I. Abraham either right here online, or by calling the office at (570) 762-9988.
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The Breath Test
There are several ways to challenge the accuracy of the breath test, including showing that the driver’s medical condition or medication skewed the results, or that the breathalyzer was not properly calibrated. Law enforcement is required to produce documentation that their breathalyzer machines are properly maintained and calibrated. And test results can be impacted by medical conditions as common as acid reflux, and several over-the-counter medications.
The Blood Test
Blood tests are often used by law enforcement as evidence of intoxication, but there are ways to challenge their accuracy. The sample must be collected and stored properly. Additionally, the lab must follow specific protocols when analyzing the sample. Moreover, they must not only do this, but able to document it in court. To use legal jargon, law enforcement must show the blood sample met chain of custody requirements from the moment the blood was drawn. If this can’t be done, the results of the test are inadmissible in court.
