First Offense DUI in Scranton

Over 30 Years Defending First-Time DUI Charges in Lackawanna County

A first DUI charge carries real consequences: possible jail time, a license suspension, and a permanent criminal record. The decisions made in the first days after an arrest shape what options remain available. Attorney Patrick Rogan has spent over 30 years defending clients in northeastern Pennsylvania’s state and federal courts, including regular appearances before the Lackawanna County Court of Common Pleas. That local experience means we understand how these cases move from arrest to resolution.

We offer free initial consultations and are available 24/7. The sooner we can review the facts of your case, the more options we can put on the table.

Call Rogan Law now at (570) 906-8532 to speak with an experienced DUI defense attorney at no cost.

Pennsylvania DUI Penalties: What Tier Are You In?

Pennsylvania law classifies DUI offenses under 75 Pa.C.S.A. Section 3802 into three tiers based on blood alcohol content (BAC). The tier determines the mandatory minimum penalties a first-time offender faces.

The three tiers for a first offense are:

• General Impairment (.08% to .099% BAC): Up to 6 months of probation and a fine up to $300. No mandatory jail time and no mandatory license suspension.
• High BAC (.10% to .159%): A 1-year license suspension, 48 hours to 6 months in jail, fines between $500 and $5,000, and mandatory alcohol safety school.
• Highest BAC (.16% and above): A 1-year license suspension, 72 hours to 6 months in jail, fines between $1,000 and $5,000, and mandatory alcohol safety school. Drivers found impaired by controlled substances are automatically placed in this tier regardless of BAC.

Pennsylvania’s implied consent law requires any driver lawfully arrested for DUI to submit to chemical testing. Refusing the test triggers an automatic 1-year PennDOT license suspension even if you’re never convicted. A first conviction also creates a permanent criminal record, and Pennsylvania’s 10-year lookback period means that conviction counts against you if you face any future DUI charge within that window.

ARD: A Path That May Avoid a Conviction

Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program is a pre-trial diversion option available to certain first-time offenders. Rather than proceeding to trial, eligible participants complete program requirements and, if successful, may avoid a DUI conviction and the jail time that can come with it. Depending on BAC level, license suspension may also be reduced or eliminated.

General eligibility requires that the current charge be a first offense within the prior 10 years, that no child under 14 was in the vehicle, that no serious injuries occurred, and that no prior convictions disqualify the applicant. ARD isn’t automatic. Acceptance is at the discretion of the district attorney’s office, and not every applicant is approved.

Successful completion can open the door to expungement, a formal court process that removes the arrest record from your criminal history. Having an attorney advocate for your ARD eligibility and ensure all conditions are properly satisfied can affect whether that outcome is possible for you.

How We Defend First-Offense DUI Cases

A positive breath or blood test result doesn’t automatically mean a conviction. Our defense review covers every stage of the stop and arrest, looking for issues that can affect the outcome of the case.

Areas we examine in first-offense DUI cases include:

• The Traffic Stop: A lawful stop requires reasonable suspicion or probable cause. Evidence obtained from an unlawful stop can be suppressed.
• Field Sobriety Tests: These tests aren’t infallible. Administration errors, physical conditions, and environmental factors can all affect performance and call results into question.
• Breath and Blood Testing: Results can be challenged if the device wasn’t properly calibrated, if testing protocols weren’t followed, or if a sample was mishandled.
• Chemical Test Refusal: Prosecutors can introduce evidence of a refusal at trial, but refusal alone doesn’t prove impairment.
• Officer Testimony: An officer’s account of observed behavior is subject to cross-examination and can be rebutted by witness testimony or other evidence.

Attorney Rogan is available around the clock to begin evaluating a case immediately after an arrest, when details are freshest and the most options remain open.

Why Scranton Clients Facing a First DUI Turn to Rogan Law

Attorney Patrick Rogan was born and raised in the Scranton area. He knows how Lackawanna County prosecutors approach first-offense DUI cases and how those cases move through the Court of Common Pleas. That familiarity isn’t incidental; it shapes defense strategy from the first conversation.

Clients receive individualized attention. We don’t apply a template. We look at your specific stop, your test results, your record, and the applicable penalty tier, and we build a strategy around those facts. We serve clients throughout Lackawanna County and the surrounding communities of northeastern Pennsylvania.

Credentials & Recognition

Attorney Rogan’s credentials reflect decades of recognized work in criminal defense:

• Avvo 10.0 rating
• Martindale-Hubbell rating reflecting superior ethics and diligence as assessed through peer review
• Named to Super Lawyers in 2022
• Life Member of the Million Dollar Advocates Forum
• Section chair with the American Association for Justice

Start with a Free Consultation

If you’ve been charged with a first offense DUI in Scranton, you don’t have to figure out your options alone. A free, confidential consultation with Rogan Law can give you a clear picture of where your case stands and what options may be available. There’s no cost to call and no obligation to retain us. We’re available 24 hours a day, 7 days a week.

Call (570) 906-8532 now to get started.