People convicted of DUIs often consider them to be one of the biggest mistakes of their lives. However, not all charges are fair or based on solid evidence. An attorney can help you fight your DUI charge.
Numerous defense strategies for your DUI case might be available, and your attorney can help you determine which strategies can help you fight and win. We might fight your DUI based on shaky evidence. For example, if your blood alcohol concentration (BAC) was measured incorrectly or taken in violation of your rights, we can prevent it from being used against you. A key element of DUI cases is something called “actual physical control” of the vehicle. This is a very tricky element for authorities to satisfy, and we might be able to prove you did not have actual physical control. Sometimes, we can fight charges, but getting them dropped or dismissed is highly unlikely. Instead, we might focus on reducing the charges so that the penalties are less severe. If prosecutors want to upgrade your charges, we can fight them on it and work to keep the charges as minor as possible.
If you have been charged with a DUI, call our Philadelphia DUI lawyers at The Law Offices of Lloyd Long at (215) 302-0171 for a free initial case assessment.
Challenging the Evidence in a Pennsylvania DUI Case
As with any case involving criminal charges, it is important that we heavily scrutinize the evidence used to justify the charges. Prosecutors can only secure a conviction if their evidence meets the burden of proof, which requires that they prove their case beyond a reasonable doubt. If we believe the evidence in your DUI case is insufficient, we might have some leverage to fight the charges.
Arguably, the most important evidence in many DUI cases is the defendant’s blood alcohol concentration. Your BAC is necessary to prove that you were intoxicated. Also, prosecutors may use a defendant’s high BAC measurement to justify an increase in the grading of the charges. For example, according to 75 Pa.C.S. § § 3802(a)-(c), a person may be charged with general impairment, a high rate of alcohol, or the highest rate of alcohol based on their BAC. The higher your BAC, the more severe the penalties tend to be.
Our Bucks County, PA DUI lawyers will also examine the police officer’s reason for stopping your car in the first place. The police cannot just pull people over arbitrarily. There must be an articulable reason for the stop. For example, if the police saw someone run a red light, they may stop them. They cannot stop someone based on less concrete reasoning like a hunch or gut instincts.
Did You Have Actual Physical Control of the Vehicle in Your Pennsylvania DUI Case?
One of the most important elements in a DUI case is whether the defendant had “actual physical control” over their vehicle. The question is, what is actual physical control? There is no clear-cut definition of what constitutes actual physical control, which may vary from case to case. Generally, actual physical control is determined based on the totality of the circumstances, and numerous factors must come together to prove it.
While there is no hard rule on what is or is not considered actual physical control, the courts have explained what they are looking for when answering this question. In the case of Commonwealth v. Byers, the Superior Court of Pennsylvania explained that actual physical control does not necessarily mean that the vehicle must be moving. A person may have actual physical control over a stationary vehicle.
Sitting in a car while intoxicated is not enough on its own to warrant DUI charges. That fact alone does not prove actual physical control. The court said that, at a minimum, a parked car must be started and running before there can be a finding of actual physical control.
The court also stated that key factors in determining whether someone has actual physical control over a vehicle include whether the motor was running, the location of the vehicle, and additional evidence showing the defendant drove the vehicle.
Did you have actual physical control? If not, we can challenge the DUI and possibly win. Actual physical control is a key element of a DUI. Without it, the charges cannot stand.
Reducing DUI Charges in Pennsylvania
The best defense is not the same for everyone. Some DUI defendants can fight their charges and get them dropped or dismissed entirely. Others might have a harder time completely wiping out the DUI. Instead, reducing the charges might be a wiser idea, as this might be a more realistic strategy.
Reducing charges does not erase them entirely. A legal strategy where defendants and their lawyers attempt to reduce charges often means there is enough evidence to convict, but the authorities have overcharged the defendant. For example, maybe the prosecutor is trying to use very old prior DUIs to justify upgrading your current charges.
According to 75 Pa.C.S. § 3806(b)(i), prior DUIs must have occurred within the last 10 years to count towards an upgrade in your current DUI charges. If prosecutors try to use prior DUIs that are too old, we can argue that the DUIs are too remote. They should not be used to upgrade your offense grading.
Alternatively, a prior DUI must be an actual conviction. If you were arrested for a DUI but never convicted – maybe the charges were dropped for some reason – that case should not be considered a prior DUI.
We might also explore the possibility of a plea deal. Maybe the prosecutor wants to charge you with a DUI for the highest rate of alcohol, but they are willing to downgrade the charges in exchange for a guilty plea. Talk to your attorney about whether a plea deal is an option.
Speak to Our Pennsylvania DUI Attorneys About Your Case Today
If you have been charged with a DUI, call our Montgomery County, PA DUI lawyers at The Law Offices of Lloyd Long at (215) 302-0171 for a free initial case assessment.