Kalinoski Law Offices P.C.
A Criminal Defense, Family Law and Injury Law Firm in Scranton
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Arrested for Driving Under the Influence (DUI)?

Driving Under the Influence (DUI) penalties are severe in Pennsylvania. Even those who face a first time offense and are eligible for the ARD (Accelerated Rehabilitative Disposition) program may find themselves facing up to a 60 days drivers license suspension (90 days if they were under the age of 21 at the time of the offense). In addition to ARD program fees which are quite costly, individuals will be on probation for a minimum period of 6 months. An offense that is not eligible for ARD or a subsequent offense will more more harsh penalties. For those in professional occupations, your DUI may cause licensing issues that will have to be addressed to maintain continued employment.

Experienced DUI defense attorneys know there are ways to beat a DUI case. For subsequent offenders you may have no choice other than to proceed to a trial to defend your DUI charge. Defenses when accused of a DUI may be one or more of the following:

1) Questionable facts involving police officer's reasonable suspicion to initiate stop of vehicle the vehicles driver;

2) Police officer's observation of blood shot or glossy eyes, flushed face, smell of alcohol on breath are not always signs of intoxication;

3) Health issues are misidentified by officer as signs of intoxication;

4) Evidence may be contrary to intoxication in general impairment cases;

5) Independent witness provides evidence favorable to defense to negate intoxication in general impairment cases;

6) Improper use of non-standarized field sobriety tests by officer;

7) Improper methods of police obtaining drivers blood results from hospital facility after accident;

8 ) The vehicle was on private property or otherwise not on a highway or traffic way;

9) The defendant did not drive, operate, and was not otherwise in physical control of the motor vehicle;

10) Breathalyzer provided a false high result due to a variety of potential factors;

11) Police officer performed a HGN test utilizing improper testing methods;

12) Officer was never properly instructed on how to properly perform a HGN test;

13) Improper instruction of field sobriety tests provided to defendant by officer;

14) Broken chain of custody of blood sample utilized in the case;

15) Breathalyzer not properly calibrated or had a technical error;

16) Inaccurate analysis of blood by medical laboratory;

17) Failure to properly preserve blood for independent testing by defense;

18) Charges filed after the statute of limitations passed for a DUI (2 years from date of offense in Pennsylvania);

19) No one can place defendant in drivers seat of the vehicle;

20) No evidence of defendant driving other than admission by arrestee which violates the corpus delicti rule;

21) Vehicle was not operational at the time due to mechanical reasons and driver cannot be convicted of a DUI;

22) Defendant consumed alcohol or medication after driving the vehicle and police arrived on the scene;

23) Blood test was not obtained within the amount of time provided for under the DUI statute;

24) Police lacked sufficient evidence to seize the person for DUI;

25) Evidence sought to be utilized against the defendant was obtained in violation of Miranda or in violation of defendant's 4th Amendment Rights under the US Constitution or in violation of defendant's rights under Article 1 Section 8 of the Pennsylvania Constitution.

Kalinoski Law Offices, P.C. provides defense representation for those accused of driving under the influence throughout the Commonwealth of Pennsylvania. Scranton Attorney Craig P. Kalinoski is a former municipal police officer who has successfully defended individuals accused of DUI including complete dismissal of charges in some cases. Every DUI case is different so call us to discuss your legal defense and how our firm can help you in your DUI matter. We represent individuals accused of DUI offenses throughout Pennsylvania including Lackawanna County, Luzerne County, Monroe County, Susquehanna County, Wayne County, Pike County, and Wyoming County. Call us for your DUI defense needs at (570)207-4000.

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Kalinoski Law Offices P.C.
108 North Washington Ave, Suite 604
Scranton, PA 18503

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