Pretrial Motions in Pennsylvania DUI Cases

Your Pennsylvania DUI attorney will likely make several pretrial motions on your behalf. If successful, these motions can advance your defense by suppressing evidence and/or statements, provide additional information about the district attorney's case, allow an independent expert to analyze your chemical test results, and allow your Pennsylvania DUI attorney to obtain valuable information about the police officer who arrested you. A Pennsylvania DUI lawyer from Levow & Associates is well-versed in the judicious use of pre-trial motions in PA driving under the influence cases.

Some of the pretrial motions that may be submitted on your behalf in your Pennsylvania DUI case include motions to suppress evidence, gain supplemental evidence through discovery, strike prior drinking and driving convictions, split blood or urine samples for independent testing, suppress statements made by the defendant, and gain access to the arresting officer's personnel file.

Your Pennsylvania DUI lawyer will begin considering the appropriate pretrial motions immediately after accepting your case and reviewing the evidence against you. Pretrial motions can be submitted at your arraignment or preliminary hearing, and a hearing may be scheduled for the judge to consider the motions. If you're facing a felony Pennsylvania DUI charge, a motion to suppress can be introduced at your preliminary hearing only if your attorney has served the prosecutor with the written motion at least five court days prior to the hearing.

The issues your Pennsylvania DUI attorney will consider when determining which pretrial motions to submit include whether the stop of your vehicle was legal, whether the field tests administered to you were instructed and scored properly leading to a proper arrest decision by the officer, whether or not your arrest was lawful, whether you were advised of your Miranda rights before being questioned, your chemical test results were accurate, whether complaints have been made against the arresting officer, and, if you have prior DUI convictions, whether those can be stricken from the record to reduce your potential repercussions.

Pretrial motions may significantly strengthen your defense in your Pennsylvania DUI case. A Pennsylvania DUI attorney from Levow & Associates will carefully evaluate your case to determine the pretrial motions that may improve your prospects in your driving under the influence case.