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Scranton DUI Attorney

Defense for Drunk Driving Charges in Pennsylvania - Call 570.906.8532 today!

Are you searching for a lawyer for DUI in Scranton? At Rogan Law, we are available 24/7 to provide you with answers to these questions and can address any additional concerns you may have regarding DUI, DWI, or OUI charges.

If you have been arrested and charged with DUI in Pennsylvania, we can answer some of the questions you may have, such as:

  • Will I have to serve time in jail?
  • If so, how much time will I have to spend there?
  • How much will I owe in fines?
  • Will I lose my driver's license?
  • Will I have to complete DUI School or perform community service?

Laws & Penalties for Driving Under the Influence in Pennsylvania

Driving under the influence of drugs or alcohol is against the law, and any individual found to be operating a motor vehicle while their blood alcohol content (BAC) is over the legal limit of .08 percent can be arrested and charged with drunk driving. However, a commercial driver's license (CDL) holder can be charged with a DUI for having a BAC of at least .4 percent, while underage drivers (younger than 21 years old) can face DUI charges with a minimum BAC of .02 percent.

Depending upon your blood alcohol content and the number of previous DUI convictions on your record, you could face jail, fines, probation, community service, driver's license suspension, alcohol rehabilitation or counseling, and DUI School. The extent of the penalties and the skills of your Scranton DUI defense lawyer are directly correlated, so it is important to choose an attorney who is capable of effectively handling your Scranton or Wilkes-Barre drunk driving case.

Looking at the Pennsylvania drunk driving laws, 75 Pa.C.S.A. §3802, the breakdown of penalties includes:

  • 1st offense:
    • Up to six months on probation
    • A fine of up to $300
  • 2nd offense:
    • One year license suspension
    • Between five days and six months in prison
    • A fine between $300 and $2,500
    • Ignition interlock device
  • 3rd offense:
    • One year license suspension
    • Between 10 days and two years in prison
    • A fine between $500 and $5,000
    • Ignition interlock device

It is important to note that these are the penalties for general impairment. The consequences can be more severe if there was a high rate of alcohol in the drivers' system. A high rate of alcohol from .10% to .159% and the 'highest' rate of alcohol is between .16% and above which could hold harsher consequences as well.

Implied Consent Law in Pennsylvania

In Pennsylvania, the implied consent law is a legal provision that requires drivers to submit to chemical testing for alcohol or drugs if they are lawfully arrested for driving under the influence (DUI).

Under this law, by operating a vehicle on the roads of Pennsylvania, drivers are considered to have given their implied consent to chemical testing if they are lawfully arrested for DUI. This means that if a police officer has probable cause to believe that a driver is impaired and has lawfully arrested the driver for DUI, the officer can request that the driver submit to a blood, breath, or urine test to determine the level of alcohol or drugs in their system.

Refusing to submit to chemical testing can result in penalties, such as the suspension of the driver's license for a year, even if they are later found not guilty of the DUI charge in court. In addition, evidence of the refusal to submit to chemical testing can be used against the driver in court.

It's important to note that while drivers in Pennsylvania are considered to have given their implied consent to chemical testing, they still have the right to refuse the test. However, there can be consequences for doing so.

How a Scranton DUI Attorney Can Help You

A lawyer can do much to improve the overall status of your case and will help you during the criminal process. Oftentimes, individuals arrested for driving under the influence will neglect to hire an attorney because they feel like there is too much evidence against them and they lose hope. As any experienced DUI attorney will tell you, there are ways of defending you against this type of charge, even if a breath or blood test showed your BAC to be over the legal limit.

Defense Tactics for DUI Charges

  • Challenge the "driving" aspect- Were you actually driving the vehicle at the time of the alleged offense. Did the arresting police officer actually see you driving?
  • Challenge the arrest aspect- Did the officer have probable cause to arrest you? Did the arresting officer fail to read you the Miranda Warning?
  • Challenge the officer's testimony- The arresting officer will give a testimony regarding your behavior at the time of arrest. If their testimony is false, you could call up witnesses that saw what really happened. You could also provide answers as to the real reason why you behaved a certain way.
  • Challenge the Field Sobriety Tests- These types of tests are not an accurate measurement of sobriety, they are basically made for people to fail.
  • Challenge the breath or blood test results- Thee are strict regulations on how the blood and breath tests are to be conducted. If the arresting officer deviated from protocol in any way then the results could be compromised.

Don't trust just any criminal defense attorney to defend you against Scranton DUI charges. Contact a skilled, experienced Scranton DUI attorney at Rogan Law today.

Contact Rogan Law at (570) 906-8532 24/7 to discuss your unique drunk driving case and the penalties at stake. Our Scranton DUI attorneys can help defend against your charges.

Why Choose Rogan Law?

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