DUI Defense Attorneys in Pennsylvania

Let's be realistic.  There are a lot of attorneys out there who will represent individuals charged with DUI.  Fewer will defend individuals charged with DUI.  Fewer still are actual DUI Defense Attorneys. 

What is the difference?   Well, it starts with a commitment to this specialized are of law.  Unlike estate planning, divorce, or real estate, your liberty is at stake when you are charged with DUI.

Unlike criminal defense, DUI Defense requires a specialized knowledge of the law, science, and most importantly, the real-world needs of our clients.  DUI reaches across the socioeconomic spectrum.   We have represented celebrities, doctors, attorneys, accountants, construction workers, and college students.  Regardless of our client's status, we understand the devastating impact ta DUI conviction can have upon their future.


At The Morgan Law Firm, my staff and I take your liberty seriously.  We are well-versed in this area of law.

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.

Being a DUI "Defense" Lawyer

It seems there are hundreds of attorneys who say they are "DUI Defense Attorneys." Many are criminal defense attorneys who believe that DUI is just like any other crime. The truth is that DUI is not "another crime." Unlike Robbery or Burglary, DUI is a criminal act that requires absolutely no intent. In addition, it is a crime wherein two people can do the exact some thing and be punished differently.

If my wife an I each have 5 beers, her BAC will be higher merely because she is smaller than me. Thus, if we both drive home and are arrested, she may fact punishment greater than mine. Is that fair? Of course not.

Other Attorneys do not even concern themselves with a defense. Within minutes, the word ARD is mentioned and they tell you what a great deal that is for you. In truth, ARD is not a good deal. ARD is a punitive. ARD not a gift and it is certainly not a goal. Every month I show up in court to see an attorney whom I recognize from the civil circuit sitting in criminal court. I think, sometimes out loud, is his client really getting their money's worth.

I am left with one inescapable conclusion. The best DUI Defense Attorneys seek to defend their clients against the charges. The best DUI Defense Attorneys fully and fairly evaluate cases to achieve the best possible results. The best DUI Defense Lawyers do not make a recommendation after the first few minutes of a conversation. Instead, being the best DUI Lawyer means that you look for every possible means of avoiding conviction.

I am reminded of a client, D.B. Mr. B. called me one day to talk about his case. He had called 4 other lawyers to discuss his options. Each told him the same thing.. He would have to plead guilty or enter the ARD Program. Mr. B. was surprised when I told him that I would likely win his case. I carefully explained the elements of the offense to him as well as the reason that I did not believe that he would be convicted. He hired me immediately.

Mr. B. later told me that not one other attorney asked him what subsection of the DUI law he had been charged with. This is a critical concern for me because I knew that the subsection makes a difference. Once I knew the subsection and the facts, I was prepared to win.

At the preliminary hearing, the DA agreed to drop the charges. While I cannot promise you that I will win your case. I can promise that I will make every effort to win before I even think about compromising.