DUI Defenses

Logue Law Group represents people facing DUI charges in Pittsburgh and throughout Pennsylvania. Attorney Sean Logue and the firm review the traffic stop, roadside investigation, chemical testing, and potential license consequences. A DUI case may involve both a criminal prosecution and separate driving-privilege issues, so early review by a criminal defense attorney can help you understand your options.

Our DUI defense work includes reviewing police reports and video, testing records, witness accounts, and the circumstances of the arrest. We explain the charges, investigate available defenses, and discuss trial, negotiation, and other options that may apply to your case. The facts, the evidence, and the applicable law determine which approach is appropriate.

Facing a DUI charge? Schedule a complimentary case evaluation with our Pittsburgh DUI defense attorney at Logue Law Group. Submit your contact details online or call now at 412.387.6901.

Types of DUI Cases We Handle

• First-offense DUI
• Second DUI
• Driving under the influence of drugs
• Driving under the influence of prescription drugs
• Underage DUI
• DUI with accident/injury
• DUI with blood alcohol content over 0.16%
• DUI with child endangerment
• Out-of-state DUI
• Extreme DUI

Potential Defenses to Your DUI Charge

When facing a DUI charge, understanding your potential defenses is crucial to protect your rights and tilt the case in your favor. This article explores several defense issues that can be employed to counter the charges and ensure a fair legal process.

These may include:

You Weren’t Impaired

Law enforcement often relies on physical indications, such as bloodshot eyes or a flushed face, to determine impairment. However, these signs can also be caused by factors unrelated to intoxication, such as illness or allergies. By demonstrating that these visual cues are inconclusive evidence of impairment, the basis for the field sobriety test can be refuted, potentially leading to dropped charges.

The Stop Wasn’t Legal

The Fourth Amendment and Pennsylvania Constitution protect against unreasonable searches and seizures. A Pennsylvania vehicle stop may require reasonable suspicion or probable cause, depending on the suspected violation and whether further investigation is needed. Your attorney can examine the officer’s observations, reports, and video and determine whether a motion to suppress evidence is appropriate. Suppression depends on the facts and the court’s ruling.

No Valid Reason to Stop You Existed

An officer must have a lawful basis to stop your vehicle. The reason given for the stop should be compared with dash-camera footage, body-camera footage, dispatch information, and witness accounts. A Pittsburgh DUI attorney can also examine whether later detention or investigative steps exceeded the lawful scope of the encounter.

The DUI Checkpoint Did Not Meet Standards

Pennsylvania DUI checkpoints are evaluated under the Tarbert/Blouse guidelines. Relevant issues include advance administrative approval, the basis for choosing the location and time, notice to approaching motorists, brief stops, and objective rules for selecting vehicles. The court examines substantial compliance with those guidelines. Your attorney can review the checkpoint plan and operation and assess whether a motion to suppress evidence is supported.

The Chemical Test Wasn’t Administered Correctly

Breath and blood testing records deserve close review. For Pennsylvania BAC-based offenses, the statutory two-hour period generally runs from driving, operating, or actual physical control of the vehicle—not from arrest. Section 3802(g) provides an exception when the Commonwealth establishes the required good cause and absence of intervening alcohol or controlled-substance use. Testing outside two hours does not automatically end the case. Your attorney can review collection times, the legal authority for a blood draw, laboratory records, sample handling, and applicable equipment and testing requirements.

Testing Equipment Wasn’t Calibrated Properly

Breath-test devices must meet applicable approval, calibration, and accuracy-testing requirements. Blood testing also requires review of laboratory procedures, equipment, and personnel qualifications. Your attorney can examine the records and assess challenges to the admissibility or reliability of the results; a claimed equipment problem does not automatically dismiss the charge.

You Weren’t Driving the Vehicle

Pennsylvania DUI law covers driving, operating, or being in actual physical control of the movement of a vehicle. An officer does not always have to witness driving; the Commonwealth may rely on circumstantial evidence. Who was driving, when the vehicle moved, and the circumstances in which police found it can be important defense issues. A BAC below 0.08% does not by itself rule out a general-impairment charge. Witness accounts, video, and the vehicle’s location and condition should be evaluated together.

The Police Report Is Not Accurate

A police report should be compared with video, dispatch records, testing records, and witness accounts. Omissions or inconsistencies may affect the evidence or an officer’s credibility, depending on their significance. Your attorney can investigate those differences and determine how to raise them in negotiations, motions, or at trial. A discrepancy alone does not guarantee dismissal.

How a DUI Defense Attorney Can Help 

A Pittsburgh DUI lawyer can present various arguments to defend clients facing DUI charges. At Logue Law Group, we explore all potential avenues to safeguard your rights and interests.

Take the first step in protecting yourself by filling out our online contact form or calling 412.387.6901 to schedule a free consultation.

For questions about roadside exercises, preliminary breath testing, post-arrest chemical testing, and PennDOT refusal suspensions, read our Pennsylvania DUI traffic-stop FAQs. If your case also involves a ticket or other driving charge, visit our Pennsylvania traffic violations page.