Make sure that you hire an experienced Chester County DUI attorney who specializes in suppressing evidence in DUI cases. There are two main ways to challenge the government's case when you are charged with driving under the influence.
The first way to win your DUI case is to argue that police improperly stopped your vehicle. This is one of the most common arguments and involves the claim that the officer lacked probable cause or reasonable suspicion to make the initial traffic stop. For a vehicle to be stopped, the police must have probable cause that some traffic offense was committed by the driver (speeding or a broken taillight, etc.) or that the driver was involved in a crime (such as driving drunk or driving a vehicle that was reported stolen).
The second way to win a DUI case and get the charges against you dismissed involves challenging the actions of the police after the vehicle has been stopped — specifically, by demonstrating that the police did not have reasonable suspicion to believe that the driver was drunk and therefore did not have a reasonable basis to ask the driver to perform field sobriety tests. An example of this occurs when a driver is in an accident, but the driver does not smell like alcohol and doesn't admit to drinking before driving.
The third way to win a DUI case is to argue that the police did not have probable cause to arrest the driver on suspicion of DUI and take a blood sample for testing because the driver passed the field sobriety tests. Frequently, the police will argue that a driver failed field sobriety tests when he or she really passed them. It is important to hire an attorney who will question the police about the specifics of how the accused failed the field sobriety tests.
Former County DUI Prosecutors Who Will Aggressively Defend Your Case
If you are accused of DUI, make sure that you hire an experienced DUI attorney who can explain your rights and assess whether police obtained the evidence against you properly. Hire an experienced Montgomery County DUI lawyer. Mr. Kelly has obtained the highest possible rating of "10" by Avvo and was recently named one of the top 10 criminal defense lawyers in eastern Pennsylvania by the National Academy of Criminal Defense Lawyers. Our office is conveniently located one block from the West Chester County Courthouse. Call us anytime of the day or night or use our convenient email contact form to arrange an initial free consultation. If you are unable to come to our offices, we can make arrangements to meet at your home or another convenient location.