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DAVID CLARK
Criminal Defense Attorney

Trends in Philadelphia DUI Cases

Currently, DUI cases in Philadelphia more often than not are being tried with blood specimens and blood results taken from individuals, rather than the use of breathalyzer machines.

The police find that blood draws are much more accurate and the government and/or district attorney’s office has a much easier time proving a conviction when mere blood results are drawn. Blood shows everything. So, in cases involving DUI, if an officer gives you the choice between a breathalyzer or a blood test, an experienced Philadelphia DUI lawyer would recommend taking the breathalyzer every time.

However, in cases where a blood draw is done, all substances whether it’s controlled or prescription medications, are considered in determining whether a person is driving under the influence or not. Even if you’re prescribed medication, you may have taken a little bit more than prescribed, and so you can still be DUI in Philadelphia if you are unable to operate a motor vehicle safely on the streets because of that substance.

Constitutional Issues in Philadelphia DUI Cases

DUI cases have some of the most complex constitutional issues that arise, some of which, an experienced Philadelphia DUI attorney can challenge on a regular basis. For instance, the constitutionality of field sobriety tests and/or a checkpoint stop can come in to play. In addition, whether a person is read their O’Connell warnings or not, that’s the right to take a breathalyzer or blood test or not, and whether or not the stop of a person’s vehicle was done with what we call reasonable suspicion and/or a probable cause.

If at any of those levels a person’s constitutional rights are deemed to have been violated, everything that follows is what the lawyers call the “fruit of the poisonous trees”. Anything that follows, the illegal search and seizure or arrest or illegal test is subsequently withdrawn or thrown out from the case and can’t be used against the person at trial.

Constitutional issues play a huge role in defending DUI cases. And that’s why it’s so important to have an experienced Philadelphia DUI attorney in your side so that none of these issues are waived and they are all challenged in hopes of gaining you an acquittal.

Top 3 Things We All Should Know about Philadelphia DUIs

The first thing is that a person should never refuse a breathalyzer test. If an officer asks an individual to take a breathalyzer, the person should always submit to such. The second thing is if given a choice, the breathalyzer test should always be taken over a blood draw under almost all circumstances. And lastly, when an individual is being followed by a police because of suspicion for DUI, the individual should not panic. They should follow all motor vehicle rules. Pull over and comply in as many ways as possible.

If a person complies with the police, cooperates with their request and acts in a normal fashion, those are attributes that an experienced Philadelphia DUI attorney can use to back up the claim that their client was able to drive a motor vehicle safely on the roads of Philadelphia at a particular night.