5 Common Defenses Used In Pittsburgh DUI Cases
Getting pulled over on suspicion of drunk driving can feel like the outcome is already decided the moment those lights flash in your rearview mirror. It isn’t. Pennsylvania’s DUI statute, 75 Pa.C.S. Section 3802, requires the prosecution to prove specific elements beyond just a number on a breathalyzer, and several recurring defense strategies show up again and again in Pittsburgh DUI cases because they target exactly those weak points.
Was the Traffic Stop Actually Legal?
Every DUI case starts with a stop, and that stop has to be justified. Officers need reasonable suspicion of a traffic violation or criminal activity before pulling someone over, not just a hunch. If a stop happened without that legal basis, whether due to a vague reason or an officer’s mistaken belief about the law, everything that followed, including any field sobriety or chemical testing, can potentially be challenged as a result.
Were Field Sobriety Tests Administered and Scored Correctly?
Field sobriety tests sound scientific, but they rely heavily on subjective officer observation, and plenty of factors having nothing to do with alcohol can affect performance. Fatigue, nervousness, uneven pavement, poor lighting, and certain medical conditions can all make someone look unsteady on tests like the walk and turn or one leg stand. Whether the officer administered these tests according to standardized procedure is often very much in question.
Is the Chemical Test Result Actually Reliable?
Breath and blood tests carry an aura of scientific certainty that doesn’t always hold up under scrutiny. A few issues tend to surface repeatedly in these cases:
- Breathalyzer devices requiring regular calibration that wasn’t properly documented
- Blood samples handled or stored incorrectly before testing
- Medical conditions or certain diets that can affect breath test accuracy
- Delays between the stop and the actual test, raising questions about what the number really reflects
Could Rising Blood Alcohol Explain the Result?
Alcohol takes time to fully absorb into the bloodstream. That means it’s genuinely possible for someone’s BAC to have been under the legal limit while actually driving, only to rise above it by the time a test is administered sometime later. This timing gap is a real physiological phenomenon, not just a legal technicality, and it becomes especially relevant when there’s a gap between the stop and the chemical test.
Was the Person Actually Operating the Vehicle?
Here’s something that surprises a lot of people. Pennsylvania’s DUI law doesn’t strictly require that someone was seen driving. Being in “actual physical control” of a vehicle can be enough, which has led to DUI charges against people found asleep in a parked car or sitting in the driver’s seat with the engine off. Whether that standard was actually met is frequently a central question in these cases.
Need Guidance? Contact Us Today
Every DUI case turns on its own specific facts, and the defenses that apply to one situation may not fit another at all. If you’re facing a DUI charge, our Pittsburgh DUI attorneys at The Law Offices of Gary E. Gerson can review what happened and help you understand your options. Contact The Law Offices of Gary E. Gerson today to talk through your case.
Source:
legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.002.000..HTM
