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Breath & Field Sobriety Tests

Defense of DUI Charges

The police can and do make mistakes. And a procedural mistake may be enough to overcome a drunk driving charge or obtain a negotiated plea to a lesser charge. I know, because I have used police officers' mistakes to obtain good outcomes for my clients in a number of cases in Montgomery County and Bucks County, Pennsylvania.

I am Theodore H. Swan, Jr., a criminal defense attorney with over three decades experience defending people accused of drunk driving and other crimes. I will use my experience to defend your rights and freedom at all stages of the legal process.

Building Your Defense

In your case, I will carefully examine all aspects of the arrest and subsequent events to see if the means for a successful defense exist. Common mistakes made by police officers include:

  • Lack of probable cause — the police cannot stop you on a whim. They must have what is known as probable cause to stop you and continue the investigation.
  • Field sobriety tests — a police officer who suspects someone of drunk driving will usually conduct a series of field sobriety tests, including a pre-breath test or PBT. I will review the procedure used in every field sobriety test conducted, using police videos when those exist. If the officer made an error in a test, this may be enough to get a dismissal or an acceptable negotiated plea.
  • Breathalyzer test — blood alcohol tests are usually conducted at a police station. Common mistakes made, include improper calibration or poor maintenance of the breathalyzer machine, improper operation and others. These machines only approximate the blood alcohol level so there is always a degree of tolerance that can be of use in the defense effort. There may even be biological reasons why you blew a certain blood alcohol level.

I will examine each and every aspect of your case. If a successful means of defense exists, I will find it.

Defending Your Rights, Preserving Your Freedom

I have handled cases involving drunk driving and related traffic offenses for over 38 years, first a prosecutor and then as a defense lawyer. This includes cases involving first-time arrests and for people with multiple prior convictions. I am aggressive and determined to obtain the best outcome possible given the facts of your case. In your case, I will use my experience to defend your rights and freedom at all stages of the legal process.

The Difference Is Experience

Call (215) 884-6743 or contact me online to arrange for a free consultation.