Potential DUI Defenses in Pennsylvania
A DUI charge in Pennsylvania does not automatically mean you will be convicted. The prosecution must prove the elements of the offense with sufficient evidence, and weaknesses may exist in how the traffic stop, field sobriety testing, chemical testing, or arrest was handled. If you have been charged with DUI in State College or elsewhere in Centre County, our DUI defense attorneys in State College can review the circumstances and explain your options.
Challenging the Traffic Stop
One potential defense begins before the DUI investigation itself. Police generally need a lawful basis to stop your vehicle. If the officer did not have reasonable suspicion or another legally sufficient reason for the stop, evidence obtained afterward may be subject to challenge.
For example, the prosecution may rely on an officer’s observations of your driving, statements you made, or the results of field sobriety testing. If the initial stop was unlawful, our attorneys can examine whether we should suppress that evidence.
Questioning Field Sobriety Tests
Field sobriety tests are often treated as evidence of impairment, but they are not always as clear-cut as they may appear. Weather, lighting, road conditions, footwear, physical limitations, nervousness, and medical conditions can affect performance.
Our attorneys can examine whether the officer gave proper instructions, administered the tests under appropriate conditions, and accurately described what happened in the police report. A poor performance on a field sobriety test does not necessarily establish that alcohol or drugs caused the result.
Challenging Breath or Blood Testing
Chemical testing can provide important evidence in a DUI prosecution, but the circumstances surrounding the test still matter. Our firm can examine potential issues that may include:
- If the testing procedure was properly followed
- Whether the equipment and results can be reliably established
- If the timing of the test affects the prosecution’s case
- Whether prescription medication or other substances provide an alternative explanation for the evidence
Challenging Whether You Were Operating the Vehicle
Pennsylvania’s DUI law applies to anyone who drives, operates, or is in actual physical control of a vehicle. That standard can be disputed. For example, questions may arise when police find someone asleep in a parked vehicle, when it is unclear who was driving after an accident, or when officers did not see the person operate the vehicle.
Examining the Timing and Circumstances of the Evidence
The timing of events can affect how evidence is used in a DUI prosecution. This includes when the alleged driving occurred, when police began their investigation, when the arrest happened, and how much time passed before a chemical test. Timing is especially important under Pennsylvania’s two-hour rule. For DUI charges based on blood alcohol concentration (BAC), 75 Pa.C.S. § 3802 generally requires the sample to be taken within two hours after driving. A later test may still be used if the Commonwealth satisfies the statutory exception, including by showing good cause for the delay and that the person did not consume alcohol or a controlled substance between arrest and sample collection.
Our attorneys can review the arrest timeline to determine whether the test was obtained within the applicable period and whether any exception may apply.
Speak With Our State College DUI Defense Attorneys
If you face a DUI charge in the State College area, do not assume the prosecution’s evidence cannot be challenged. At Decker Bradburn, our attorneys can review the traffic stop, testing, police reports, and other evidence to determine what defenses may be available in your case. To discuss your situation, contact our office online or call 814-308-8895 to schedule a confidential consultation.