When you get pulled over for a suspected DUI in Pennsylvania, there are lots of mistakes you want to try to avoid. One of these mistakes is telling the police that you drank before you drove. But, what if it’s already too late? What if you admitted to drinking and driving when the police pulled you over?

Even in this scenario, you can—and should—fight your DUI charge in Pennsylvania. Driving under the influence (DUI) is a serious offense under Pennsylvania law; and, whether you have been charged with General Impairment, High BAC, or Highest BAC, you are facing serious penalties. But, even if you admitted to drinking and driving, you have defenses available, and an experienced DUI defense lawyer will be able to help make sure you do not face unnecessary consequences.

What You Need to Know if You Admitted to Driving Under the Influence (DUI) in Pennsylvania

Here’s what you need to know if you admitted to driving under the influence (DUI) in Pennsylvania:

1. Admitting to Drinking and Driving Does Not Necessarily Mean You Will Be Convicted of DUI

First and foremost, admitting to drinking and driving does not necessarily mean that you will be convicted of DUI. There are several reasons why, including (but not limited to):

  • Let’s say you admitted to drinking and driving. What does this actually mean? All it actually means is that you told the police that you had a drink (or perhaps a few) at some point before you got behind the wheel. The reality is that since you are not an expert on assessing alcohol impairment or Pennsylvania’s DUI laws, prosecutors cannot rely on your admission as conclusive proof that a conviction is warranted.
  • There’s another potential issue as well: The police may have obtained your admission in violation of your constitutional rights. If the police stopped you without reasonable suspicion or arrested you without probable cause (or if they interrogated you in custody without reading your Miranda rights), then your confession may be inadmissible in court. If your confession is inadmissible, prosecutors shouldn’t be able to use it against you.
  • Regardless of whether your confession is admissible, the prosecution has the burden of proof. While your statement to the police may (or may not) support the prosecution’s case, it shouldn’t be enough on its own to prove your guilt beyond a reasonable doubt—for the reasons discussed above, among others. If prosecutors can’t meet their burden of proof, then it doesn’t matter what you said (or what you did) on the night of your DUI arrest.

These are all critical points to keep in mind. While it might feel like trying to fight your DUI is hopeless if you admitted to drinking and driving, this is not the case. Even if you admitted to driving drunk, there are still several ways that you may be able to raise questions about your guilt to prevent the prosecution from meeting its burden of proof.

2. Fighting Your DUI in Court Is Not Necessarily Your Only Option

While it is important not to give up hope of fighting your DUI, it is equally important to consider the realities of your case. Even if your confession isn’t enough for prosecutors to secure a conviction on its own, prosecutors may still have other evidence they can use to seek a “Guilty” verdict at trial.

Given that this is the case, you need to make an informed decision about whether going to trial is your best option under the circumstances at hand. Depending on the circumstances of your DUI case, you may also have one or both of the following options:

  • Pre-Trial Diversion – Pre-trial diversion provides an opportunity to avoid the consequences of a DUI conviction regardless of the circumstances leading up to your arrest. Even if you were drinking and driving, if you are eligible for pre-trial diversion and you complete the program successfully, your DUI charge will be dismissed.
  • Plea Bargain – If you are not eligible for pre-trial diversion (or don’t think you can complete the program successfully), you may still be able to avoid a DUI conviction by negotiating a plea bargain. Prosecutors will be willing to consider plea bargains in many cases; and, while this still means facing consequences (typically for a reckless driving conviction), these consequences are not anywhere near as severe as the consequences of having a DUI on your permanent record.

Of course, you should not accept any consequences unnecessarily. If you have grounds to fight your DUI—which you can determine by speaking with a DUI defense lawyer—then entering into a pre-trial diversion program or negotiating a plea bargain may not be your best option.

3. You Need to Make Smart and Strategic Decisions

Ultimately, avoiding unnecessary consequences after a DUI arrest in Pennsylvania involves making smart and strategic decisions. Which issues should you raise regarding your admission to drinking and driving? What else can you do to challenge the prosecution’s evidence against you? Should you consider pre-trial diversion or a plea bargain? These are just a few of the numerous questions you will need to answer.

Answering these questions and making smart decisions starts with putting an experienced DUI defense lawyer on your side. Due to the consequences you are facing, you do not want to try to handle your DUI case on your own. An experienced DUI defense lawyer can walk you through all of your options, examine the prosecution’s evidence against you, and guide you through the process of deciding how best to proceed in light of the specific facts of your case.

Request a Free Consultation with Philadelphia DUI Defense Lawyer Brian Fishman

Are you facing a DUI charge in Pennsylvania? If so, we can help, and we encourage you to contact us promptly for more information. To request a free consultation with Philadelphia DUI defense lawyer and former prosecutor Brian Fishman, give us a call at 267-758-2228 or tell us how we can get in touch online now.