Driving under the influence of alcohol or drugs

All DUI cases start with a motor vehicle stop for a traffic violation, accident, sobriety checkpoint or random police interaction. The police then request identification in the form of license and registration and eventually ask you out of the car to have you perform field sobriety testing and eventually request you to have a breath or blood test. 

What the police fail to consider in their evaluation of you is that it is not illegal to drink and drive unless the alcohol or drugs impairs your ability to drive safely.

There are many reasonable explanations for poor driving behavior, lack of coordination on field sobriety tests, bloodshot glassy eyes, slurred speech, slow movements etc.

This is why an experienced trial lawyer is critical.

An experienced trial lawyer, like Michael Parlow, argues to judges and juries that bad driving behavior can result from changing radio stations, reaching for cell phones, distraction from passengers and not from alcohol or drugs in your system.

Additionally, the police have never dealt with you before. How do they know whether you wear contact lenses or have other conditions that effect the way you speak or act. Many people have had surgeries or injuries which effect balance and coordiantion.

Michael Parlow uses these innocent explanations of behavior to protect your constitutional rights from illegal stops, searches and arrests.

Motion to Suppress Evidence

This motion should be filed in every DUI case involving alcohol, illegal drugs or prescription drugs whether its some ones first, second third or fourth DUI. This motion can be used to eliminate your the results from field sobriety testing and your blood or breath test. Once this evidence is eliminated the prosecution of you is nearly impossible.

Michael Parlow has used successfully used this motion to challenge car stops, checkpoints, arrests and other police interaction to eliminate critical evidence against you.

Recent cases:

  • successfully eliminated field sobriety test results, a drug recognition evaluation and blood test in a case with state police
  • successfully eliminated all evidence against a multiple DUI offender as a result of an illegal sobriety checkpoint
  • successfully eliminated all evidence against a multiple DUI offender because the police illegally stopped the vehicle(the judge found the police not credible on a driving too closely and stop sign violation)
  • successfully eliminated field sobriety testing and blood results when judge determined accused was not speeding and weaving despite the police pacing the car.

Trial by Judge and Jury

When you are charged with a first offense DUI or a second offense DUI when your alcohol level is below a .16 you are only entitled by law to a trial before a judge. The judge can find you not guilty or suppress the evidence against you which would handicap the prosecutions case. Any second or subsequent offense with a level above .16 or drugs is entitled to a trial before a jury. A jury can consider the explanations for driving and coordination as outlined above as well as the standard errors in machine testing to find reasonable doubt and find you not guilty

need and experienced litigator like Michael Parlow to develop a strategy tailored to your case.

Expert Witness

itnesses such as accident reconstructionists and toxicologists must be consulted with in most cases in Motions to Suppress and Trials to be successful. These experts can testify that an accident did not occur because of drinking and driving and/or explain some ones ability to drive or perform poorly on field testing was not from drugs or alcohol. A toxicologist can also be used to explain blood and breath testing is not an accurate science. This testimony can eliminate or reduce alcohol and drug levels in certain cases.

First Time Offenders

There are special programs for first time offenders called ARD. In most counties to be eligible for ARD you must have no prior criminal history, no accident and properly licensed and insured.

Michael Parlow has successfully assisted individuals to gain ARD acceptance despite accidents and injuries, prior criminal history

DUI cases can range from probation to jail. The higher the alcohol level and number of DUI's within a ten year time frame increases the time in jail. Additionally, a license suspension will be imposed.

First offense(non ard): probation or two days in jail or three days in jail. One year license suspension.

Second offense: five days in jail or thirty days in jail or ninety days in jail. One year or 18 months license suspension and interlock

Third and subsequent: ten days or ninety or one year in jail. 18 months license suspension and interlock.

Negotiations

The district attorney in all counties are open to negotioations.

Michael Parlow uses the above motions, trial issues and experts to convince the prosecutor to place individuals on probation, house arrest, work release or into inpatient programs instead of jail.

Michael Parlow has been successful in lowering alcohol and drug levels to decrease length of jail sentences and license suspensions.

To arrange a free confidential consultation with an experienced DUI defense lawyer and to receive specific legal advice on how our firm would defend you in your DUI case, please call us for a free, no obligation criminal defense legal consultation. All calls are strictly confidential. Please call Michael Parlow at (215) 639-4400.

Testimonials

  • Lisa, Dennis, myself and our family would like to thank you for your work on Lisa's case. We feel certain that, if not for you, the outcome would have been much different. We also want to thank you for your kindness at a very difficult time. Not only are you an excellent attorney, you are a kind an genuine human being.

  • Thank you so much. You saved my career.
    Sincerely, Nicole

  • Hi Mike, this is John. I just wanted to write you a letter thanking both you and your assistant Christine for everything you've done for me. When you were representing me, I felt a sense of security and that was very comforting and relieving. I will absolutely recommend you and your services to friends and family in the future.

  •  Thank you so much in preparing me for my defense. You made a very difficult situation easier to handle and understand. Much appreciated.
    Sincerely, Earole L.

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