Have You Been Charged with a DUI?

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Three ways to get a first-time DUI charge dismissed in Pennsylvania

On Behalf of | Apr 7, 2025 | DUI

Getting a DUI (Driving Under the Influence) charge in Pennsylvania can be scary, especially if it is your first time. You might feel overwhelmed by the possible consequences. But do not worry, there are ways to get the charge dropped or dismissed potentially. Let us explore some options to help you out of this tough spot.

Challenge the traffic stop and field sobriety test

One way to fight a DUI charge is to question the reason the police officer stopped your car in the first place. The officer needs a good reason to pull you over. If they stopped you without a valid reason, the stop might be illegal, and any evidence they collected might not be allowed in court. For example, if an officer stopped you just because they thought you might be drunk, without any actual traffic violation, you could argue that the stop was unfair.

Similarly, the tests the officer gave you on the side of the road, like walking in a straight line or touching your nose, can be challenged. These tests are not always accurate, and things like road conditions or your physical health can affect your actions. If you think the test results were unfair, you can argue against them in court.

Contest chemical results

The breathalyzer test or blood test the officer gave you to measure your blood-alcohol level can also be challenged. While these tests are usually reliable, they’re not perfect. Sometimes, the machines used for these tests are not working correctly, which can lead to inaccurate results. If you think the test results were wrong, you can argue against them. Additionally, the officer needs your permission or a special warrant to take your blood, so if they did not follow the rules, you might be able to get the results thrown out.

Enter a DUI diversion program

Pennsylvania has a special program called ARD (Accelerated Rehabilitative Disposition) for people charged with DUI for the first time. This program lets you avoid getting convicted by doing certain things, like going to rehab, safety courses and staying out of trouble. If you complete the program, your DUI charge can be dismissed. But you might get in trouble again if you do not follow the rules.

Get legal help

Figuring out the legal system can be complicated and talking to an experienced lawyer about what to do can make a big difference. A Pennsylvania DUI attorney can help develop a strong defense and negotiate with the prosecution for you. They can also find weaknesses in the evidence against you, which might lead to a reduction or dismissal of charges.

Facing a DUI charge in Pennsylvania can be intimidating, but you have options to fight back. It’s important to act quickly and talk to a lawyer to figure out the best strategy for your situation.

 

Pennsylvania Drunk Driving Defense: Law, Tactics, and Procedure | by Patrick F. Lauer, Jr. | Revere Legal Publishers