22-year-old Johan Garcia-Barrera faces a DUI and multiple related charges after allegedly cruising the wrong way down Interstate 380. However, many of the charges largely hinge upon an officer's observations of Garcia-Barrera at the scene rather than hard evidence. Below, our attorneys explore how you might defend DUI charges based on such subjective evidence.
Have you been accused of a DUI in PA? The LLF Law Firm Criminal Defense Team can help. Call 888.535.3686 or reach out online to schedule a meeting to discuss the charges.
The Allegations Against Garcia-Barrera
Police received reports of Garcia-Barrera allegedly driving the wrong way down I-380 and colliding with two vehicles. According to an officer's observations, Garcia-Barrera appeared “unsteady on his feet,” and the officer could allegedly smell alcohol on his breath. They also identified an open case of beer in Garcia-Barrera's vehicle.
Following the incident, Garcia-Barrera faces charges for various offenses, including a DUI and reckless endangerment. But are these observations at the scene really enough to lead to a conviction? While there's no way to say for sure, what we do know is that it may be possible to challenge every one of these allegations.
Defending DUI Charges
DUI charges often come down to an officer's observations at the scene, especially if no alcohol level testing is performed. But that's all they are – observations. There may be perfectly innocent explanations for physical characteristics, such as bloodshot eyes or an unsteady gait. For example, the accused may suffer from allergies or have a cold. Or they could be nervous, which makes their gait unsteady. And even non-alcoholic drinks can leave a trace smell of what appears to be alcohol behind.
Even with evidence of an elevated blood alcohol content (BAC), it could still be possible to argue that the officer did not perform the test correctly, or that they used improper procedures. The key message is to never give up hope. Just because someone is arrested for a DUI does not mean they will be convicted on an officer's observations alone.
When In Doubt, Call Uber
DUI laws in PA are strict. A DUI conviction can result in significant consequences, including mandatory counseling programs, ignition interlock devices, and financial penalties. The most serious penalties include license suspension and even jail time.
To avoid DUI charges, stay safe and call a cab the next time you're out for a few beers. Even if you feel fit to drive, alcohol can and does impair your judgment. Don't take unnecessary risks. Give Uber or Lyft a call and wait until you're sober before driving again.
How the LLF Law Firm Criminal Defense Team Can Help
If you're arrested for a DUI or facing DUI charges, it's normal to feel overwhelmed. But it's important to remember that you have legal rights – and that charges do not mean a conviction. The LLF Law Firm Criminal Defense Team will do everything possible to have the charges against you dropped or mitigated. And we will stand by your side throughout the entire process.
You don't need to face DUI charges alone. Call 888.535.3686, and we can discuss your case. Or leave us a message online to arrange a meeting at your convenience.
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