Before you hire just any DUI attorney, you need to read our book – 5 Ways to Fight & Win Your Pennsylvania DUI Case. No other law firm is going to give you a resource like this book for FREE. Other lawyers just talk, we tell you exactly how we defend cases through our own written words! Get this book and start yourself on the road to success in your case.
Our law firm handles drunk driving and driving under the influence cases in Pennsylvania and New Jersey. DUI cases require that he district attorney or the prosecutor establish three elements beyond a reasonable doubt to convict someone of drunk driving. These three elements are 1) control, 2) impairment, 3) blood alcohol content (BAC).
The prosecution must establish each of these elements beyond a reasonable doubt. The control element of a drunk driving case is often overlooked by many defense attorneys. It is important to evaluate the position and location of the vehicle as well as any other condition which can create reasonable doubt in the minds of the judge or jury.
With regards to the second element of DUI, impairment, the Pennsylvania Supreme Court defines impairment as the enfeeblement of one’s mental or physical capabilities. Impairment is based on the amount of alcohol or drugs in a person’s blood stream. This is commonly called one’s blood alcohol content (BAC). In Pennsylvania, a person is considered legally intoxicated when their blood alcohol level is .08 or higher. The severity of your DUI case depends on the level of your intoxication and the number of times that you’ve been convicted of DUI. Pennsylvania has mandatory minimum sentencing for DUI offenses.
Your level of impairment is based on your BAC and the prosecution must establish a certain level of BAC if it wants to convict you of a more serious DUI. The prosecution will use the results from either a breathalyzer or blood test to establish BAC. Issues such as the correct administration of either of these tests, the operator, the operator’s qualifications, the calibration of the devices, and the storage of the samples are important to your case. We encourage you to watch our videos on DUI for more information on how our firm handles these cases. Similar to illegal drug and gun cases, DUI cases also involve potential violation of your Fourth, Fifth, or Sixth Amendment Rights under the United States Constitution and Article 1, Section 8 of the Pennsylvania Constitution.
At Gambone & Associates, information and education are the building blocks of our representation.
How much proof does district attorney or the prosecution need to prove me guilty?
What are the categories of crimes in Pennsylvania and what are the maximum punishments?
What are police allowed to do when they stop me?
Should I let police search me, my car, or my house? Should I make a statement?
What are field sobriety tests and are they required?
They didn’t find any drugs on me so I’ll be fine right?
The girls sleeps around, doesn’t that matter?
Maximum & Minimum for New Jersey Drunk Driving
What is the difference between probation and parole?