In many cases, avoiding a conviction for driving under the influence (DUI) involves working to keep the prosecution’s evidence out of court. If prosecutors have the evidence they need to meet their burden of proof, then keeping their evidence out of court may be the only way to avoid a conviction.

Keeping the prosecution’s evidence out of court involves filing a motion to suppress. In a previous article, Philadelphia DUI defense lawyer Brian Fishman discussed how filing a motion to suppress can be critical for avoiding unnecessary consequences following an arrest. Here, Mr. Fishman discusses seven potential options for filing a motion to suppress a Pennsylvania DUI case.

What Are the Options for Filing a Motion to Suppress in Pennsylvania?

In the last sentence, we emphasized “potential” because filing a motion to suppress is not an option in all DUI cases. Sometimes, prosecutors have the evidence they need to secure a conviction—and we cover some possible alternatives in these cases below. However, it is critical to consider all possibilities when determining how best to approach your case. This includes potential grounds for a motion to suppress, such as:

Option #1: Unconstitutional Traffic Stop

If your traffic stop was unconstitutional, the prosecution’s evidence against you may be inadmissible. For a traffic stop to be constitutional, the officer must have “reasonable suspicion” that you are driving under the influence (or have committed another crime). If your arresting officer lacked reasonable suspicion, then your traffic stop was unconstitutional, and prosecutors should not be able to use any evidence obtained during your traffic stop against you.

Option #2: Unconstitutional Search or Arrest

Even if your traffic stop was unconstitutional, you may still be able to file a motion to suppress based on constitutional issues with your search or arrest. The police need probable cause to search without a warrant or consent and probable cause to make an arrest. If probable cause was lacking in your case, your DUI defense lawyer may be able to use this to protect you.

Option #3: Unreliable Blood Alcohol Concentration (BAC) Reading

A key piece of evidence in many Pennsylvania DUI cases is the suspect’s blood alcohol concentration (BAC) reading. If prosecutors have your BAC, this alone can be enough to secure a conviction under Pennsylvania’s DUI statute.

However, it is also possible to challenge BAC readings on several grounds. If your BAC reading is unreliable—or even might be unreliable—for any reason, prosecutors should not be able to use it against you.

Option #4: Other Reliability Concerns

Along with reliability concerns related to your BAC, other reliability concerns can also warrant a motion to suppress. These include reliability concerns related to field sobriety tests (FSTs), the arresting officer’s testimony, and all other evidence prosecutors may seek to introduce in court. Since prosecutors are burdened to prove your guilt beyond a reasonable doubt, unreliable evidence generally cannot be used against you.

Option #5: Violation of Your Privilege Against Self-Incrimination

You have the right to remain silent when you are accused of driving under the influence in Pennsylvania. This is based on the privilege against self-incrimination that appears in the Fifth Amendment to the U.S. Constitution. If the police violated your privilege—for example, by questioning you in custody without reading your Miranda rights—this could justify a motion to suppress any statements you made to the police following the violation.

Option #6: Violation of Your Right to Know the Evidence Against You

As a DUI defendant in Pennsylvania, you also have the right to know the evidence prosecutors intend to use against you in court (in addition to any exculpatory evidence in their possession). If prosecutors do not adequately disclose their evidence before trial, this can justify a motion to suppress based on violating your Sixth Amendment rights.

Option #7: Chain of Custody, Relevance, Hearsay, and Other Evidentiary Issues

https://www.thefishmanfirm.com/what-are-my-rights-if-philadelphia-prosecutors-withhold-exculpatory-evidence/Breaks in the chain of custody, lack of relevance, hearsay, and other evidentiary issues can also render evidence inadmissible in Pennsylvania DUI trials. When you hire an experienced DUI defense lawyer to represent you, your lawyer will examine all potential grounds for keeping the prosecution’s evidence out of court. While prosecutors won’t necessarily need all of their evidence to secure a conviction, if you can file a motion to suppress key evidence, this could be enough to win a “Not guilty” verdict at trial.

What if You Don’t Have Grounds for a Motion to Suppress?

While several issues can render evidence inadmissible in a Pennsylvania DUI case, as mentioned above, filing a motion to suppress is not always an option. So, what if you don’t have grounds to file a motion to suppress?

If going to trial is likely to result in a DUI conviction, then pursuing an alternative route will most likely be your best option. Depending on the circumstances of your case, two possible alternatives are:

  • Accelerated Rehabilitative Disposition (ARD)—Accelerated Rehabilitative Disposition (ARD) is a pre-trial diversion program that allows first-time DUI offenders to avoid a conviction without going to trial. If you qualify for ARD and complete the program successfully, your DUI charge will be dismissed.
  • Plea Bargaining—Regardless of whether you are a first-time offender, plea bargaining may also be an option in your DUI case. Negotiating a plea bargain also allows you to avoid going to trial, although it does not allow you to avoid consequences entirely.

Request a Free Consultation with Philadelphia DUI Defense Lawyer Brian Fishman

If you are facing a DUI charge in Pennsylvania and would like to know more about your options, we invite you to contact us. To request a free consultation with Philadelphia DUI defense lawyer Brian Fishman, call us at 267-758-2228 or tell us how we can reach you online today.