DUI and DWI Criminal Defense Lawyers in Philadelphia, Pennsylvania
In Pennsylvania an arrest for drunk driving is called DWI, and in New Jersey it’s called DUI. In both states, a DUI or DWI arrest is actually two individual cases in the form of one drunk driving charge. The first is the criminal case. The second and less familiar case is the Department of Motor Vehicle (DMV) administrative suspension / revocation of your driver’s license. The criminal charges are governed by criminal law while the DMV driver’s license suspension / revocation is governed by administrative and civil law.
First, with respect to the criminal charges, there are serious constitutional implications that are present in every DUI or DWI case. For example, the stop of your vehicle may have been illegal or perhaps the officer failed to read your Miranda Rights during questioning. In some instances, an officer may illegally deny you the right to take an alcohol test of your choice. Understanding the subtle nuances of a police report and analyzing the weakness from a Fourth or Fifth Amendment perspective becomes one of the most critical factors that must be addressed during your defense. This is where Pennsylvania Criminal Defense, P.C. believes its greatest strength lies, in dissecting the details of the officer’s report.
Second, the Department of Motor Vehicles (DMV) will automatically suspend your license following your arrest. You have 10 days from the day of your arrest to request a Department of Motor Vehicles hearing to challenge the suspension of your license. If this narrow window closes before requesting a hearing, the right to test the revocation has been waived.
Many of our clients have professions that require a license and a license revocation will often result in employment termination. After a hearing is requested on a timely basis, our staff can test the legality and sufficiency of the evidence at a lower burden of proof level than in criminal courtroom. Remember, the burden of proof level required at a DMV hearing is different, an may allow you to retain your license even if the outcome of your criminal charge is not favorable.
A drunk driving arrest requires immediate attention from a Criminal Defense Attorney who specializes in DUI and DWI defense. Mr. Elbert knows how to challenge the police report, neutralize the arresting officer’s testimony, as well as attack the testimony of the state’s experts in connection with blood, breath or urine testing.
Contact Pennsylvania Criminal Defense, P.C. immediately so that we can discuss the matter with you and provide you with an honest and realistic assessment of your case, determine whether any defenses may apply and whether, in your particular case, if the expense of an attorney is actually justified. Developing a successful defense to a DUI or DWI charge requires a three-fold approach. This approach is designed to bring an intense challenge against your accusers. They are:
These three vital components form the fabric a successful defense for you. DUI/DWI charges are serious allegations and we take them seriously.
If you’ve been charged with a DUI or DWI in Pennsylvania or New Jersey, call Pennsylvania Criminal Defense, Inc. toll-free at (866) 535-2378. Speak with a Philadelphia drunk driving defense attorney today. We offer a free initial consultation. Emergencies are handled 24 hours a day, 7 days a week.
