attorney_benowits
DAVID CLARK
Criminal Defense Attorney

What Needs To Be Proven in a Philadelphia DUI Drug Case

If pulled over and suspected of being under the influence in Philadelphia, here is what needs to be proven in order for your to be convicted in court. For more specific information regarding your case, call and schedule a consultation with a Philadelphia DUI drug lawyer today.

What Does The State Need To Prove In Drug DUI Case?

In Philadelphia, it’s the commonwealth that acts as the state and the commonwealth has to prove that a person was under the influence while operating a motor vehicle on the streets of Philadelphia. It needs to be to such an extent that it rendered the person incapable of safely operating a motor vehicle on the streets.

The courts have defined what unable to operate a motor vehicle safely on the streets is for me. For instance, if a person in an alcohol related case is having alcohol level in their system above 0.08 that person is perceived to have been unable to operate a motor vehicle safely on the streets of Philadelphia and that evidence will be used against them at trial.

However, in a drug case, any amount of illegal substance or overdosing of a prescription substance in a person’s system is enough to indicate that a person was incapable of operating that motor vehicle safely on the roads of Philadelphia. While bad driving plays a role in the initial stop, as for a conviction, bad driving really has no play. If there’s any amount of controlled substance in the person’s system, or any amount of alcohol above 0.08, a person can be convicted of driving under the influence in Philadelphia.

What Can An Attorney Do To Overcome This Evidence?

Seeking the advice of an experienced Philadelphia DUI attorney allows an individual charged with driving under the influence to be advised of all defenses to their case. For instance, when an experience Philadelphia DUI attorney reviews a matter, the first thing that comes up is a determination is made whether the initial stop of the operator was proper or constitutional. Additionally, an attorney can challenge a number of factors invovlved in the case including:

  • Whether or not the stop was based upon reasonable suspicion for probable cause
  • Whether or not safe driving, bad driving or any type of driving comes into play
  • Challenge what was the exact reason for the officer pulling the vehicle over
  • Was it the time of night?
  • Was it that something was not proper on the vehicle?
  • Was it that it was driving in an erratic fashion?

Those are all ways that an experienced Philadelphia DUI lawyer can attack a case and create defenses to charges.

Challenging Breathalyzer Results

Additionally, challenging the breathalyzer results themselves and/or blood results is imperative. Should a machine in a breathalyzer case be mis-calibrated, inaccurate, or not well maintained, then the results are going to be wrong. It is the experienced Philadelphia DUI attorney that has the capability of challenging the commonwealth’s evidence in obtaining the often difficult records to obtain for such machines.

In blood related cases, an experienced Philadelphia DUI attorney can check the chain of custody of the blood, and check the labeling to see if any improprieties were added to the blood, maybe unintentionally to determine whether or not the results are proper.

Those are the main constitutional arguments that are brought up. However, each case in and of itself has its own facts, and many other defenses can be brought up under different circumstances. Seeking the advice of an experience Philadelphia DUI lawyer is the way to start your defense.