DUI Defense Attorneys in Pennsylvania

Choosing the right DUI Defense Attorney is one of the most important decisions you can make.  At The Morgan Law Firm, with administrative offices in Hershey, Pennsylvania we are here to help you.  When you want the best DUI Defense Attorney, you should look no further than The Morgan Law Firm.  Find us at Google, Yahoo, or Bing by searching for:

DUI Attorneys in Reading, PA
DUI Attorneys in Lancaster, PA
DUI Attorneys in Harrisburg, PA
DUI Attorneys in York, PA
DUI Attorneys in Lebanon, PA
DUI Attorneys in Chambersburg, PA
DUI Attorneys in Carlisle, PA
DUI Attorneys in Gettysburg, PA

Pennsylvania DUI Defense is NOT Criminal Defense

When choosing the Best DUI Defense Attorney in Pennsylvania, many people first look for a "Criminal Defense Attorney."  Unfortunately, many criminal defense attorneys attempt to practice DUI Defense.

Although DUI cases often follow the same path as a criminal case and follow the rules of criminal procedure, the fact is... DUI Defense is NOT Criminal Defense.  

At The Morgan Law Firm, over 90% of our practice is dedicated to DUI Defense. 

What is the difference between a DUI Defense Attorney and a Criminal Defense Attorney?  Well, the primary difference is the level of education related to DUI Defense.  At The Morgan Law Firm, we focus on the three stages of a DUI case.  The Probable Cause to Stop, Probable Cause to Arrest, and the Chemical Sample. 

The reason is simple:  In a criminal case, prosecutors are often willing to negotiate resolutions and plea bargains to avoid a trial.  No one really cares if a drug possesser gets a deal.  If an assault defendant commits a crime, the greater population does not care.  However, the awesome power of groups such as MADD have effectively captured the legislature, judiciary, and District Attorneys of Pennsylvania politically.  If a deal is made, the DA may lose the precious support of MADD.  As a result, it is politically inconvenient for a DA to make a deal.

A Pennsylvania DUI Defense Attorney must understand the political realities and not complacently expect a deal.  The Best Pennsylvania DUI Defense Attorneys know that the key to a successful outcome is to challenge every detail. 

A full and fair DUI case evaluation is just a click away at www.DUI-Case-Evaluation.com. 

F. Dean Morgan
Managing Attorney
The Morgan Law Firm
1-888-821-9446

Beating a DUI Case

Lately, there has been a great deal of conversation among Pennsylvania DUI Defense Attorneys about the recent ruling in Dauphin County challenging breath test results.  In response, a number of District Attorneys are ordering police departments to rely on blood tests. 

This policy change will create two new challenges for individuals charged with DUI.  First, because whole blood tests are more reliable than breath tests, there is an increased likelihood that an individual will be convicted.  Second, the use of blood tests will result in an increased apprehension rate of individuals who, legally or illegally, use controlled substances (including prescription medications.)

We applaud the efforts of our colleagues.

At The Morgan Law Firm, we have achieved a great deal of success by challenging evidence.  We focus on the Officer's Probable Cause to Stop Your Vehicle.  First, I evaluate the officer’s probable cause to stop/detain.  To stop or detain an individual for DUI, the officer must possess sufficient facts that he/she believes that the defendant (or the defendant’s vehicle) is in violation of the Pennsylvania Vehicle Code or he/she has a lawful right to investigate a criminal action or accident. 

In your case, the basis for the detention may not meet the legal standard outlined above.  Therefore, it is absolutely necessary that a full and complete evaluation of the case, including a discussion with the officer occur prior to making any recommendation about the outcome of your case.

If you have been charged with a DUI in Pennsylvania, call our office at 1-888-821-9446 or submit your case information online at www.DUI-Case-Evaluation.com 

Breathalyzer Test Is Wrong

The Breath Test is Wrong....

The Morgan Law Firm is ready to help you prove it...

 

Unfortunately, the breath test is wrong over 89% of the time....  Sometimes it produces a higher result.  Sometimes it produces a lower result.  The point is this...  The number that is produced by the breath testing device is wrong and I can prove it with one easy step.  If you have been charged with DUI based upon a breath test, you likely received a receipt produced by the device.  On that receipt you will see two results based on your two samples.  Are those results the same?  Chances are, they are not the same.  Did your BAC change?  Of course not...  Therefore, the machine must not be 100% accurate, right?    That is not the end of the story, there is much much more.

If your breath was tested, there is a very good chance that the test was conducted using an Intoxilyzxer 5000.  This clunky old machine has been around since the 1970s.  It relies on technology from 1985.  And, unfortunately, that technology is based upon untested and unreliable scientific principles. 

First, you must understand how the device works. The Intoxilyzer 5000 uses infrared (IR) light and five ethonol specific IR filters to identify the ethyl alcohol molecule and determine the percent of alcohol in a breath sample.  When Infrared light is passed through a substance, some of the infrared light will be absorbed.  If a variable infrared light source is directed through a group of molecules, such as ethyl alcohol, an infrared spectrum can be produced.  Each substance has its own particular spectrogram.  Ethyl Aclohol consists of Six Hydrogen Atoms, Two Carbon Atoms, and one oxygen atom. 

How does the breath test device calculate my Blood Alcohol Content?

First, you must understand that there is a 10% margin of error.  So, your BAC of .10 could be as low as .09 or as high as .11 and be within the acceptable margin of error.  The difference between a .10 and a .09 under the law is actually quite significant, if this is your third offense, a .09 will result in a 10 day jail sentence.  If the BAC is reported as a .10, you will serve a minimum of 90 days in jail 

44 1/2% of all results will be below the reported result.  44 1/2% of all results will be above the reported result.  The Commonwealth has the burden of providing your guilt beyond a reasonable doubt.   Make them prove it!

The machine will report your results as grams of alcohol per 210 liters of breath.  Think of 105 2-liter bottles of soda.  Compare that to 8 grams (about 1 1/2 crayons).  Visualize that for a minute and you will see why accuracy matters.  If the device reports a .10 (2 crayons), you can go to jail for a minimum of 2 days for your first offense.  If the device reports a .05 (one crayon), you go free... 

In addition to the inherent margin of error present in the breath testing device, your breathing patterns can affect a breath testing device.  It has been established that a person who hold his/her breath will produce a higher result.  Short rapid breaths that flush out the lungs will produce a lower reading.  Think back to the breath test...  Were you told to hold your breath before blowing into the device?  Yep, I bet you were.

Were you told to stop by the breath test operator?  He is making sure that the two numbers agree.  Does that seem fair?

Every breath testing device in America is programmed to expect a breath temperature of 34 degrees celcius.   However, the average person has a breath temperature of 35 degrees celicus.  Why does this matter?  Each degree of variance produces a 8.6% variance in breath test results.  Thus, if your breath temperature is 35 degrees celcius, you are likely to have produced a n estimated BrAC 8.6% above your actual BrAC.

Your own hemocratic ratio affects the breath testing device's accuracy.

The presence of mouth alcohol can affect the results.  Did you burp, belch, or bring anything into your mouth, even a micro-burp?

There are a number of other factors that make the breath testing device unreliable.  Make sure you get an experienced DUI defense attorney to fully and fairly evaluate your case before making any decisions.  For a full and fair evaluation, call me at 1-888-821-9446 or click here to begin a free online case evaluation.