The PA DUI Attorney Challenge Part 2: How Technical are DUI cases?

There are close to 50,000 lawyers in Pennsylvania.  Of those, there are thousands of lawyers who are willing to represent your Pennsylvania DUI case. So how does a person with no legal background sift through all of these lawyers to find the best DUI Attorney in PA?

If you don’t know what you are looking for, your never going to find it.  That is I have put together this series- to help common citizens recognize the important traits of the best DUI lawyers.  Before we get to that, we are tackling the question of Why do I need the best DUI attorney in Pennsylvania to handle my case? Last week we discussed the severity of Pennsylvania DUI Penalties and how a DUI charge can effect the rest of your life.  Today we will deal with the question How technical are Pennsylvania DUI cases?

The short answer is that defending DUI cases (especially in Pennsylvania) requires a great deal of specialized technical knowledge.  There are many different aspects, from the evidence to the laws, that make DUI cases very difficult to defend without the proper knowledge.  In fact, it is often truthfully stated with no exaggeration that it is easier to defend a murder well than a DUI well. You just have to know a lot more.

DUI Tests– One of the most important pieces of evidence in any Pennsylvania DUI cases is the result of your blood or breath test.  But just because the test report says your Blood Alcohol Content (BAC) is such and such, does not make it true.  Everyone’s body is unique and there are a lot of variation.  For example, there are some chemicals that your body naturally produces that breath machines might interpret as being drinking alcohol (ethanol).  A DUI lawyer also needs to know about the inherit weaknesses of each type of test and possible sources of error and the limitations that every from of BAC testing has.

SFSTs– The Standardized Field Sobriety Tests (a.k.a DUI roadside tests) may seem very simple but they are also very technical.  There is a specific methodology that needs to be followed when administering these tests to yield any scientific benefit.  Sadly, according to expert research, 93% of the time officers incorrectly administer the DUI roadside tests. However, it takes a highly experienced attorney to be able to challenge the inconsistencies in these tests.

Understanding Pennsylvania DUI Law– Pennsylvania DUI Law is very complex.  There are different tiers and the penalties increase for repeat offenders.  There are various legal options which may or may not be beneficial in your case.  There are also various legal precedences which establish guidelines which need to be followed.  For example, a blood test in and of itself is not admissible in court without the presentation of the person who administered the tests and without laying the proper legal foundation.  There are also various constitutional issues that need to be examined like establishing whether or not there was probable cause to stop the driver in the first place.

Understanding Your Specific Situation– In my experience as a Pennsylvania DUI Lawyer who has represented several hundred clients, no two cases are the same.  Every person is unique and so is their case.  Some legal avenues are not applicable to certain people or situations.  Some people like truck drivers and school teachers are in danger of losing their jobs.  It requires a great deal of experience, care and attention to understand your concerns and your situation.

Beyond these aspects there are many other very technical aspects involved in Pennsylvania DUI cases.  This is why it is in your best interest to take the time and investigate so you can find the best Pennsylvania DUI attorney to defend your case.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.