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
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