Challenging Proof of Intoxication Evidence

Do not make the mistake of thinking that your DUI case is unwinnable. Even if the prosecution has evidence that you were intoxicated, it might be possible to fight the charges. The standard way that Pennsylvania prosecutors prove intoxication is to introduce into evidence a breath sample showing that the driver’s BAC was .08 percent or higher. Other tests, such as field sobriety tests and blood tests, may also be used to proof that a driver was impaired. All of these tests can be challenged.

Falls Township DWI Defense Attorneys

The lawyers at Kamensky Cohen & Riechelson have more than 40 years of experience handling drunk driving cases in New Hope, Solebury, and everywhere else in Bucks County, PA. We understand the nuances of Pennsylvania DUI law and can challenge the evidence in your case. Let us fight for you and help you avoid the most serious consequences of a DUI conviction. Call KCR today to begin your defense.

Field Sobriety Tests as Proof of Intoxication in PA

The results of field sobriety tests generally help the officer establish reasonable suspicion that a driver is intoxicated; they do not always constitute proof of intoxication. Only two tests can be used by prosecutors in court to establish intoxication: the One-Leg-Stand test and the Walk-and-Turn test. Additionally, the Horizontal Gaze Nystagmus (HGN) test can be used to give the officer probable cause to arrest a driver. An attorney can help you fight the results of a field sobriety tests because these tests are extremely unreliable.

Blood Tests as Proof of Intoxication in Bucks County, PA

Blood tests can be used to establish that a driver was intoxicated. When administered properly, blood tests tend to be among the most accurate tests for intoxication. However, blood test results can be challenged. For example, a blood test only shows that drugs were in a person’s bloodstream; it does not necessarily show that the person was “under the influence” at the time they were driving.

Breath Tests as Proof of Intoxication

Breath tests are commonly used by PA law enforcement and prosecutors to prove intoxication.
Breath tests measure a driver’s blood alcohol concentration (BAC). If a driver has a BAC of .08 percent or higher, they can be charged with a DUI offense.

Police officers may use a Portable Breath Test (PBT) to establish reasonable suspicion of a DUI. This test is carried in patrol cars and is typically administered at the scene. The important thing to keep in mind is that PBT results cannot be used by prosecutors as proof of intoxication.

Once a driver is arrested on suspicion of drunk driving, they are typically given a standard breath test at the police station. The device used for this test is called the Intoxilyzer 5000EN. The results of an Intoxilyzer test may be admitted in court as evidence of intoxication. There are strict regulations for administering breath tests; as a result, breath test results can often be challenged in court.

Police Officer Observations as Proof of Intoxication

A police officer’s observations can be used as evidence of intoxication. Since prosecutors are able to rely on a police officer’s observations to prove that you were intoxicated, you may be convicted of a DUI without a breath test.

Police officers will often look for signs of intoxication: bloodshot eyes; glassy eyes; slurred speech; loud talk; odor of alcohol; and empty beer cans in the vehicle. Additionally, if the officer sees an open container of alcohol in your vehicle, it may be enough to establish reasonable suspicion that you were driving while intoxicated.

Free Consultation with Fallsington DWI Attorneys

Kamensky Cohen & Riechelson is prepared to fight your DUI charges. We are hardworking and dedicated attorneys who will guide you through the complex legal system in Pennsylvania. Call us today to discuss your drunk driving case, or fill out the online contact form to schedule a free consultation at our Bensalem office.