If you have been arrested for DUI in , Pennsylvania, the aggressive representation of a specialized DUI attorney is necessary to provide guidance in conquering this challenge. Typically, after a DUI arrest, the evidence of your intoxication can be presented in an overwhelming fashion. The police and the prosecutor are certainly not trying to prove your innocence. If the government is able to prove its case, you face revocation of your driving privileges, costly fines, and even potential jail time! Furthermore, if they can prove that you were driving with a blood alcohol concentration of greater than .10%, you will be subject to strict sentencing enhancements. You require an attorney who is knowledgeable of the complexities of DUI law and the potential defenses that will be available to you. Fortunately, an administrative action to revoke your driving privileges will not begin until you have been convicted through the criminal court process, but this is no reason to feel at ease. A DUI arrest must be taken seriously! A skilled attorney will be able to provide you with qualified representation in the criminal case proceeding against you right now. Please contact Attorney Justin McShane immediately for a professional consultation.

Mr. McShane, a graduate of the prestigious Dickinson School of Law at Pennsylvania State University, has tried thousands of cases dealing with DUI and other criminal law matters. He is licensed to practice law in all Pennsylvania State Courts as well as the U.S. District Court – Middle District of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, and the U.S. Supreme Court. Mr. McShane’s unique training in the area of DUI defense places him in a class by himself in Pennsylvania. He is one of thirteen attorneys in the state elected to the National College for DUI Defense (NCDD) and one of five attorneys who currently hold a certificate as a “Breath Alcohol Technician.” Additionally, Mr. McShane is a certified instructor in Standardized Field Sobriety Tests (SFSTs) and holds additional certificates in the areas of Advance Roadside Impaired Driving Enforcement, Drugs that Impair Driving, and Drug Recognition Expert. Your situation requires this level of dedication and expertise to prevent you from falling into one of the many pitfalls that can ruin the lives of individuals arrested for DUI in Pennsylvania.

When you have been arrested for DUI in , the possibility of falling into one of these many pitfalls is high. Accordingly, you must take note of the following preliminary matters. First of all, individuals typically fail to take the matter seriously and act immediately, allowing the prosecutor time to strengthen his or her case against you. The prosecutor will prove a formidable opponent and you need an attorney to begin fighting for you right now. On this note, you must also be sure to save any documentation the police have provided you with following your release and take a moment to write down everything you remember from your arrest and subsequent detention. The arresting law enforcement officers have undoubtedly compiled police reports detailing your arrest and this information will rarely be presented in your favor. Your memory will fade and the importance of putting these recollections into writing immediately must be stressed. Mr. McShane will use this information to uncover the best possible defense for your particular situation, while respecting the ethical boundaries of the practice of law.


  • LACK OF PROBABLE CAUSE – The inability of a police officer to effectively articulate his or her reason for stopping you under suspicion of DUI could uncover police bias and a disregard for procedural formality. Mr. McShane will be able to expose discrepancies in the behavioral and driving observations of the arresting officer, putting you one step closer to freedom.


  1. Miranda Warnings
    • The failure of an arresting officer to provide you with this Federally mandated warning before questioning could make any evidence obtained from your interrogation inadmissible in court. The warning must be given after you have been arrested and before you are questioned. More importantly, if the police continued to interrogate you after you specifically requested to speak with an attorney, your Constitutional rights have been violated!
  1. Failure to Appear in Court
    • If the arresting officer is summoned to testify against you and fails to appear, your case can potentially be dismissed.
  1. Withholding Favorable Evidence
    • If the prosecution is in possession of evidence that would prove your innocence and fails to disclose this after repeated discovery requests, charges against you could potentially be dropped.
  1. Failure to Provide Implied Consent Warning
    • In Pennsylvania, all individuals privileged to drive in the state are obligated to submit to chemical testing to determine level of intoxication. However, prior to administration, law enforcement officers are obligated to read you a specific form. The officer’s failure to furnish this warning before administering a chemical blood alcohol test may result in the court finding the test invalid.
  1. Failure to Follow Protocol at a Sobriety Checkpoint
    • Pennsylvania courts have consistently held that roadside sobriety checkpoints do not violate a driver’s Constitutional rights. However, when engaging in such tactics, the police are obligated to follow judicially mandated guidelines. The stop must be brief and sufficient warning must be given. Additionally, conducting a checkpoint must be administratively approved and based on the history of drunk driving activity in the community. Finally, officers are obligated to employ an objective standard for stopping vehicles passing through the checkpoint to prevent profiling. A law enforcement officer’s failure to follow this precise protocol may render your arrest invalid.


  1. Validity of the test
    • If the operator has not been licensed to administer a BAC test or maintains an expired license, your BAC reading may have been inaccurate. Failure to perform proper maintenance on the machine can also lead to erroneous results. These machines have also been known to malfunction, which may also prevent the results from being admitted into evidence.
  1. Rising blood alcohol content defense
    • Alcohol will continue to absorb into your system for up to 3 hours following your last drink. Accordingly, a defense may be crafted that proves you were not intoxicated at the time you were behind the wheel despite the results of your BAC test. This defense is particularly important if you face sentencing enhancements due to a high BAC level.
  1. Mouth alcohol vs. Breath alcohol defense
    • Alcohol in the mouth at the time of administration of a breathalyzer can return falsely high results. If you had consumed an alcoholic beverage immediately prior to administration of a breathalyzer test there may be a defense in claiming that the test was erroneous.
  • FIELD SOBRIETY TEST DEFENSES - The police are federally approved to administer only 3 field sobriety tests:
  1. Heel-to-Toe (“walk-and-turn”)
  2. One-leg Stand
  3. Horizontal Gaze Nystagmus (determining intoxication based on eye oscillation)

Other field sobriety tests administered by an arresting officer will bolster any defense concerning the invalidity of your arrest. Nevertheless, even these federally approved tests are highly unreliable and cannot alone prove your intoxication. Additionally, if you suffer from any sort of medical condition, this may have been the cause of the arresting officer’s determination that you were intoxicated.

Mr. McShane’s ability to use these or any other potential defense will depend entirely on the facts of your particular arrest and detention. Your arrest may have been unquestionably irregular and your avenue to freedom disguised under an easily destroyed house of cards. However, if the evidence presents an unwinnable situation and it is determined that your case should not be taken to trial, Mr. McShane will put his experience to work in reaching a diversion or probation agreement with the Prosecutor that will allow you to move on with your life as quickly as possible. In some instances, a plea bargain may be negotiated that will allow you to plead guilty to a lesser charge, such as reckless driving, which carries a lighter penalty. Regardless of the gravity of the charges filed against you, the representation of an expert DUI defense attorney is mandatory. For these reasons, please do not hesitate to contact Pennsylvania Attorney Justin McShane at 1-800-420-9444 for a professional consultation regarding your arrest for DUI.

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The McShane Firm, LLC
4807 Jonestown Road
Suite 148
Harrisburg, PA 17109

Phone: 717-689-2023