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.

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.

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.