Philadelphia DUI field tests usually consist of a number of assessment techniques to help police determine whether or not a suspect is under the influence of alcohol. Many of our readers probably know the more common ones. One technique is the one-leg stand; another is to walk a straight line and then turn and walk back. A third technique is the one where the suspect has to follow the tip of an object, usually a pen, with their eyes, as the police officer moves it back and forth in front of their face. Failing to meet the expected standards in any of these tests will give the police officer an indication that a driver may be under the influence of alcohol. However, when police fail to administer field sobriety tests in Philadelphia during a DUI investigation, there is the potential for a legal challenge to any arrest.

That is what happened recently in a Bristol Township district court, where the judicial process is playing out for a woman accused of killing a passenger on a motorcycle during an alleged DUI-related accident back in July of 2011. The defendant is facing several criminal charges, including homicide by vehicle, homicide by vehicle while under the influence of alcohol and DUI. However, the defense attempted to get the DUI charge dismissed in a recent hearing, stating that the police officers investigating the accident did not conduct any field sobriety tests on the scene.

There are usually strict procedures that police officers must follow when investigating a potential DUI case. When those procedures aren’t followed, the defense may be able to successfully argue that the lack of attention to detail on an officer’s part should lead to a charge being dismissed. The judge at this recent hearing did not agree in this case, but the argument could be successful in other cases.

Any DUI charge is a problem, but a DUI charge involving death or injury to another person makes the case much more complicated. In these types of situations, it is critical to get all of the right information on the potential defense strategies that could be available.

Source: phillyBurbs.com, “Emotional day in court as Bensalem woman headed to trial on DUI-related homicide by vehicle charges,” Jo Ciavaglia, March 3, 2013