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The Law Office of Michael F. Niznik is a Philadelphia DUI law firm that represents clients throughout Pennsylvania and New Jersey. Our office has successfully handled countless driving under the influence cases and we maintain a proven history of favorable results.


DUI charges can be initiated if a driver admits to drinking, refuses a chemical test, or if the police allege that you drank so much that alcohol made you incapable of safe driving.  The police often cite their own observations when attempting to prove this charge.  These observations may include slurred speech, trouble standing, and failure to perform a field sobriety test. A person can also be charged with a DUI if the police claim they were under the influence of drugs.  This charge can include prescription or non-prescription medications or illegal drugs. Police may initiate a traffic stop for a traffic violation or at a DUI checkpoint. For information on DUI checkpoints and how to legally avoid them, read our DUI checkpoint page.


No matter which DUI statute you have been charged under, you can challenge a DUI on a number of grounds:


  • Probable Cause: An officer must have reasonable suspicion to stop your vehicle and probable cause to request that you perform field sobriety tests or submit to a breathalyzer.


  • Sobriety Test: These tests are nothing more than an opinion of whether or not you are intoxicated by an officer whose job it is to gather evidence of your guilt. There are only three nationally recognized field sobriety tests and the results should be challenged in court by an experienced attorney.


  • Breathalyzer Test: The Intoxilyzer 5000 is under heavy fire in Pennsylvania and numerous other states. The results simply are not accurate and the machine does not do what it purports to do.


  • Officer training: Officers need specialized training to conduct a DUI investigation and arrest. Likewise, special training is required to administer a breath test.


  • Officer conduct: The overall conduct and experience of an officer at the scene can be challenged.


  • Diversion: You may be eligible for the state's Accelerated Rehabilitative Disposition (ARD).


  • Plea Bargain: Your attorney may be successful in seeking a reduction or dismissal of the charges.

If you or someone you know has been charged with a DUI/DWI, do not delay in contacting an attorney. We will review your case and offer you a free consultation regarding the charges. 



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