DUI & DWI Defense Attorney in Philadelphia
“Drunk driving” goes by more than one name, even in legal documents. It’s called. Driving Under the Influence (DUI) in Pennsylvania or Driving While Intoxicated (DWI) in New Jersey, A DUI lawyer in Philly can defend you against DUI charges in Pennsylvania. A New Jersey DWI lawyer in Atlantic City can offer the same assistance in New Jersey. Alan J. Tauber is licensed to practice law in both states.
Pennsylvania & New Jersey DUI/DWI Lawyer Who Will Fight for Your Rights
If you need a Philadelphia DUI defense lawyer, we can defend you in Philadelphia, Delaware; Montgomery, Bucks, and Chester counties in PA.
Alan J. Tauber enjoys 30+ years of experience as a trial and appeals lawyer at both the state and federal levels. This experience has generated an extraordinary track record that has turned him into one of Philadelphia’s most prominent DUI defense attorneys.
Tauber Law’s practice is not limited to Pennsylvania. We can also defend you in Camden, Burlington, Atlantic, and Mercer counties in New Jersey.
Types of DUI & DWI Cases We Handle in Philadelphia, PA
A few decades ago, DUI/DWI was little more than a minor traffic violation, akin to speeding or running a red light. However, times have changed, and DUI is a much more severe offense than it used to be, in both Pennsylvania and New Jersey.
A DUI charge might seem like a simple matter. After all, either you’re drunk or you’re not. However, Pennsylvania and New Jersey recognize many types of DUI that result in enhanced penalties. In Pennsylvania, for example, an unusually high rate of alcohol in your bloodstream (0.10% BAC or higher, compared to the legal limit of 0.08% BAC) results in a harsher penalty.
- A first offense DUI
- Second offense DUI
- Third offense DUI
- Underage DUI
- Extreme DUI (high BAC)
- Aggravated DUI
- Implied consent violation (refusal to submit to testing)
- Marijuana DUI
- Similar offenses
In some cases, you can face felony charges for a DUI.
Potential Defenses to Drunk Driving Charges in Philadelphia, PA
A charge is not a conviction–you have the right to a defense. Indeed, that is why defendants seek criminal defense lawyers. Although many potential defenses exist, the ones available to you depend on the specific facts of your case. Following are some of the most common drunk driving defenses:
- A malfunction in the Breathalyzer machine that measured your BAC. These machines must be properly maintained, or they will register false positives. Alternatively, the police officer may have misused the device—a Breathalyzer test administered too soon after your last drink. can easily yield a false positive.
- Illegal police stop: Philadelphia DUI arrests must be based on strict compliance with criminal procedure. The police must have a good reason to pull you over in the first place. If the police lacked “probable cause” to pull you over, your lawyer might be able to get a dismissal of your charges.
- Language barrier. You might have a defense if the police explained your rights in a language you don’t understand. This defense may or may not be enough to get you an acquittal.
- The “rising BAC” defense. This defense might apply if you drank most of the alcohol in your bloodstream immediately before the police pulled you over. Since alcohol needs time to take effect, your BAC might have been legal while driving and have risen to illegal levels only after the police pulled you over.
There are many other ways your lawyer might be able to win a dismissal or acquittal or Philadelphia DUI court.
Why Do You Need a DUI Attorney After a Drunk Driving Arrest in Philly?
Do you need a DUI attorney after a Philadelphia DUI arrest? Yes. Depending on the circumstances, you might need the best DUI lawyer in Philadelphia for the following reasons:
- DUI penalties are harsh, especially for second and further offenses.
- The Philadelphia DUI justice system works differently than it does elsewhere in Pennsylvania. These differences work mostly to the disadvantage of the defendant. You need an experienced law firm like Tauber Law to help you deal with its nuances and idiosyncrasies.
- Alan J. Tauber’s 30+ years of trial experience can provide you with an advantage that is difficult to find elsewhere.
- Mr. Tauber’s decades of experience with the Defender Association of Philadelphia have given him an unparalleled understanding of Philadelphia’s unique legal system.
Mr. Tauber also practices personal injury law, and he can help you with a DWI lawsuit in Philadelphia
Settlement for malicious prosecution
Settlement for malicious prosecution and false arrest