Everyone makes mistakes, but being hit with a Driving Under the Influence charge, or DUI can be one of the most severe and costly of the lot. With criminal charges and possible jail time looming, you’ll be looking to find ways to mitigate these consequences as much as possible, as well as keep your job. If you’re unlucky enough to find yourself in this situation, and you live in Harrisburg, PA, then first on the list should be to seek out a reputable DUI law firm straight away.

Get the Best Resources With the Help of a DUI Law Firm

Your Lawyer Will Understand The Circumstances of the Arrest   

Every DUI lawyer should be an expert on all the aspects of the DUI process. Starting with the moment you first get pulled over, your DUI lawyer will know everything there is to know about how the police collect evidence, and the procedure to be followed, and whether the collected evidence is admissible in court.

There are several ways that the police can collect evidence when you are first pulled over. This starts with the detection method, which usually involves the officer in question looking for any erratic motion in your vehicle before you are pulled over. It also includes how you, the driver appear immediately after the stop.

Standardized Field Sobriety Testing in Harrisburg, PA

There is a standardized set of three field sobriety tests that are administered when a DUI case is suspected. There are certain circumstances when the results of these tests can be contested in court, and your experienced DUI attorney will be keen to look at all the results in detail for any errors or inconsistencies.

Even in the best scenarios, the tests are only about 70% accurate at best, and many can give misleading results due to underlying medical conditions that only a doctor would know about. The three tests are as follows:

1. Horizontal Gaze Nystagmus Test

Nystagmus is a medical term that refers to the involuntary jerking of the eyeballs. Everyone’s eyes do this to some extent, but it is more pronounced when intoxicated, and as such Horizontal Gaze Nystagmus, or HGN, can be used to determine the level of intoxication of a driver.

The officer will ask you to keep your head still while following a small object with your eyes and will look for several clues that you are intoxicated. The test has a 77% accuracy in determining intoxication.

2. Walk-And-Turn Test

The next test is fairly self-explanatory: you will be required to walk for nine steps along a straight line with your arms by your side before turning through 180 degrees and proceeding in the opposite direction for another nine steps, which can be a challenge for many people even on the best of days.

The officers will look for clues such as difficulty balancing while the test is explained to you, starting the test before you’re asked to do so, stepping off the line, and using your arms to balance, amongst others. The test has an accuracy of only 66%, assuming it’s administered correctly. Your DUI attorney will be very keen to challenge the accuracy of the test.  

3. The One-Leg Stand Test

The third and final test that can be used is the one-leg stand test, where an officer will first explain and demonstrate, and then ask you to stand on one leg and count in thousands while looking at your foot. There are certain circumstances in which this test should never be administered, including if you are over 65 or more than 50 pounds overweight. If you’re wearing high heels, you should be allowed to remove them before the test.

If, upon reading, you realize that the officers who arrested you for your DUI charge did not follow the correct procedure when testing you, or perhaps should not have tested you at all, then immediately contact a DUI law firm, as they may be able to contest the charge and perhaps get your case thrown out.

Hire a Local Attorney as Soon as Possible

If you’ve been charged with a DUI offense, or any other offense for that matter, in Harrisburg, PA, you can hire a lawyer any time before your scheduled trial date. However, it makes sense to get them on board as soon as possible, as this will give them the best chance to successfully fight your case. They’ll know exactly what to do to find holes in the case against you and how to use them to your advantage to get the court to find you not guilty or even have the case thrown out altogether.

Your lawyer will be able to immediately contact witnesses and collect from them important information that could swing the case. This is best to do while the incident is still fresh in their minds, so don’t delay! These witnesses may be able to confirm how much you had to drink on a particular night, or they might be willing to testify that you did not appear to be impaired or intoxicated at the time you were charged or arrested.

How Will my Lawyer Fight My Case?

Your experienced DUI attorney will likely start by getting your side of the story. This allows them to work out what evidence is required to defend you properly, and where to find it. This might involve interviewing any witnesses to the case who may have been present around the time you were charged. They will take plenty of statements from them and record their memories of what happened on the day.

Your lawyer will also try to look for as many flaws as possible in the actions of the police or government. They will be particularly interested if there are any incidents where the police didn’t follow procedure, or perhaps even acted unlawfully themselves. They’ll also be trying to find problems with any of the government’s witnesses too.

Did the Police Have the Right to Stop Me?

Even if the prosecution has solid evidence against you, such as a failed breathalyzer test, a lot rests on the officer who pulled you over in the first place. An experienced lawyer who has fought many DUI cases before will be able to analyze your driving in the lead up to the stop very well and will be able to determine whether the police really did have what is referred to as “Reasonable Suspicion” to pull you over and then “Probable Cause” to arrest you or gather evidence.
 
If it can be proved that one or both of these important concepts was lacking, then there’s a good chance that the prosecution’s evidence could be inadmissible, resulting in your case being thrown out of court.

The law in DUI cases is not always clear, but a good DUI lawyer will be able to help you navigate this difficult time. They might even be able to save you money by getting your case thrown out early, thereby saving you expensive court fees. So, if you’ve been charged with Driving Under the Influence, or any similar charge, don’t delay! Schedule a free consultation with us here at Jameson Stone Law today.