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DEFENSES IN DUI CASES

If you failed a field sobriety test or a chemical test (blood test, breath test, or urine test), you might automatically assume youu2019re guilty, but thatu2019s not necessarily the case. If you have failed a field or chemical test (blood, breath, or urine test), you may automatically assume youu2019re u201cguiltyu201d but that is not necessarily the case. There are many ways to challenge a DUI charge.

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DEFENSES IN DUI CASES

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  1. DEFENSES IN DUI CASES Below are just a few of the MANY examples of ways that DUI Attorney Kathryn Roberts would be examining your case looking for defenses. www.allentowncriminallaw.com

  2. WERE THE MACHINES USED BY POLICE TO TEST YOUR BLOOD ALCOHOL LEVEL PROPERLY CALIBRATED AND MAINTAINED? Sometimes people charged with a DUI think that those machines are foolproof—they aren’t. Machines break and malfunction. DUI machines rely on humans to keep them maintained properly (just like we have to do regular maintenance to our cars) and the machines only give accurate results if the person using them has followed instructions properly in running them (in the same way that a car can have problems if being operated by a person who doesn’t drive correctly).

  3. WHEN WAS YOUR BLOOD DRAWN AND IS THAT AN ACCURATE NUMBER? It’s important to examine when the blood was drawn from you in relation to when you were driving. An experienced DUI lawyer will always consider having the blood re-tested by a different lab and then possibly using services of a hematologist or blood technician to evaluate whether the blood-alcohol level that the police have assigned to you is accurate. Blood-alcohol levels rise and then fall, and it’s important to understand the factors that can affect when and how that occurs (e.g. your age, height and weight, gender, alcohol tolerance).

  4. WHAT WAS THE REASON GIVEN BY POLICE THAT THEY STOPPED YOUR VEHICLE AND WAS IT A PROPER STOP AND DETAINING OF YOU UNDER THE LAW? This is a complex subject under Pennsylvania law, as it deals with search and seizure law under the 4th Amendment to the Constitution. It is complex for lawyers and judges to understand, even after they study it for many years. In addition, search and seizure law is constantly changing. In my experience, most police officers do not even understand the law because it is so complex, and so they stop cars, detain people, and often conduct searches or make arrests based on “hunches,” rather than proper legal standards.

  5. DID THE POLICE CONDUCT FIELD SOBRIETY TESTS ON YOU AND WAS IT DONE FAIRLY? In my experience, what police are not well-trained in is determining whether there are other factors that may make a person do poorly on these tests. For example, a person who has never been arrested before and has been stopped by police, especially at night, may exhibit extreme signs of nervousness, which can affect the person’s ability to perform the tests and also influence the officer to mistakenly believe the person is under the influence (or think the person is more intoxicated than he or she is).

  6. CONTACT ME 484-695-7023 527 Hamilton Street Allentown, PA 18101 KathrynRoberts_Esquire@yahoo.com www.allentowncriminallaw.com

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