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Defending Against Philadelphia DUI and DWI Charges

March 21, 2024 Uncategorized

 

Defending Against Philadelphia DUI and DWI Charges

Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Philadelphia can be an overwhelming and scary experience. However, with the right defense strategy and legal representation, it is possible to fight these charges and protect your rights.

Common Defenses in Philadelphia

There are several defenses Philadelphia DUI lawyers commonly use to fight charges, including:

  • Challenging the validity of the traffic stop. If there was no legal justification for the initial stop, evidence obtained afterwards may be inadmissible.
  • Questioning the accuracy of field sobriety tests (FSTs). These tests have been shown to have high error rates and their results can often be challenged.
  • Disputing the reliability of breathalyzer or blood test results. The machines must be properly maintained and calibrated, and the tests administered correctly, or the results can be called into question.
  • Claiming improper administration of a chemical test. Defendants have the right to additional independent testing, which the police must facilitate.
  • Arguing the defendant was not actually “in control” of the vehicle while intoxicated.
  • Presenting evidence of a medical condition or legal prescription that could explain the impairment.
  • Claiming the police lacked probable cause for the DUI arrest. Without sufficient justification, the charges could potentially be dropped.
  • Leveraging procedural errors or violations of defendants’ rights by the police.

As you can see, an experienced DUI lawyer has many options to construct a strong defense in Philadelphia. The key is thoroughly investigating the arrest, analyzing all evidence, and identifying the most viable strategies.

The Importance of an Aggressive Defense

Facing DUI charges in Philadelphia can have devastating personal and professional consequences if not properly defended against. Because the laws are so strict and unforgiving, building an aggressive defense is critical.

With so much at stake, cutting corners or hoping the charges will just go away is not a viable legal strategy. The deck is already stacked against defendants in Philadelphia DUI cases. You need knowledgeable counsel who will actively investigate every weakness in the prosecution’s case and leverage every viable defense.

This starts with demanding the evidence and documents that justify your arrest. Did the officer really observe clear signs of impairment? Were the field sobriety tests conducted properly? Is there any reason to doubt the accuracy of the BAC results? Was the chemical test machine maintained and calibrated correctly? Were your legal rights respected throughout the process?

While each case has unique circumstances, with an aggressive defense focused on reasonable doubt and demanding the government follow proper procedures, many DUI cases can be won, charges reduced, or penalties minimized. Do not take a passive approach and simply hope for the best if you are facing DUI charges in Philadelphia. Contact a lawyer immediately to start building the strongest possible defense for your future.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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