DWI Defense Lawyer
Last updated on April 9, 2025
The consequences of a drunk driving (DWI/DUI) conviction are too severe to leave the matter to chance. People who are serious about fighting drunk driving charges in Pennsylvania turn to the attorneys at Olexa & Casari for strong and trusted defense. With law offices in Hazleton, our attorneys provide strong defense representation to people in Luzerne and Schuylkill counties and throughout surrounding Pennsylvania communities.
Learn more about our outstanding record of results.
Exploring All Viable Defense Strategies
Whether your defense involves an illegal traffic stop in which your constitutional rights were violated, a poorly designed DUI checkpoint, field sobriety tests that were administered by an inexperienced police officer, or a challenge to the propriety of the blood or breath testing equipment or procedures, our lawyers have the experience presenting the most cutting-edge defenses available.
We routinely file motions in court to dismiss clients’ DUI cases in their entirety, with the objective of having a client walk away with no adverse consequences. In the majority of DUI cases that we handle, clients are facing months or years in jail but frequently avoid jail time and lengthy license suspensions.
Our lawyers have experience cross-examining both state and local police about the procedures they used during DUI arrests. A favorable result in a DUI case is often attained as a result of an experienced DUI lawyer pointing out problems with the state’s case to the judge or district attorney.
What Should You Do After A DUI-DWI Arrest?
If you have been arrested for drunk driving, this is not the time to tell the police about your rights or try to plead your way out of the criminal charges you are facing.
Exercise your right to remain silent until you can talk to a criminal defense lawyer with experience. They will advise you of your rights, help you understand your defense options and begin an aggressive defense on your behalf.
When Do You Have To Do A Field Sobriety Test If Stopped For Suspicion Of Drunk Driving?
You never have to submit to a field sobriety test in Pennsylvania. Standardized field sobriety tests, which include the horizontal gaze nystagmus test, the one-leg-stand test and the walk-and-turn test, are used by police when they have reasonable suspicion that a driver is under the influence of alcohol or drugs to test their sobriety.
However, these tests are incredibly subjective, and they are easy to fail even under controlled circumstances. The odds of passing a field sobriety test at the side of the road when you are nervous and tired are very low, and failing one just gives the police more evidence they can use to press a DUI-DWI charge.
DUI Penalties In Pennsylvania: First-Time Vs Repeat Offenders
Driving under the influence (DUI) is a serious offense in Pennsylvania, with harsher penalties for repeat offenders. Whether a first or subsequent offense, understanding the potential consequences is essential.
Penalties For First-Time DUI Offenders
For a first-time DUI offense, penalties vary depending on the driver’s blood alcohol concentration (BAC) level:
● BAC .08% to .099%: A misdemeanor charge, up to six months probation, a $300 fine and alcohol safety classes
● BAC .10% to .159%: A minimum of two days in jail, a $500 to $5,000 fine and a one-year license suspension
● BAC .16% or higher: A minimum of three days in jail, a $1,000 to $5,000 fine and a one-year license suspension
In addition to these penalties, offenders may be required to attend treatment programs or install an ignition interlock device (IID).
Penalties For Repeat DUI Offenders
Pennsylvania law enforces stricter consequences for subsequent DUI offenses:
● Second offense: Five days to six months jail time, fines from $300 to $10,000 and a one-year IID requirement – high BAC levels can mean harsher sentences
● Third offense: Jail time from 10 days to one year, with fines approaching $10,000 – a one-year IID mandate and longer treatment requirements are also possible
● Fourth or subsequent offense: A felony if it occurs within 10 years of another offense – penalties include extended jail time, significant fines and lengthy license suspensions
Repeat offenders may also face mandatory addiction treatment and extensive monitoring by the courts.
Aggravated DUI Offenses
All DUI convictions result in a criminal record. This can impact employment, housing and commercial driving licenses. Pennsylvania also imposes enhanced penalties for aggravated circumstances, such as driving with minors in the vehicle and causing injuries.
Our experienced attorneys can help you navigate these penalties and explore defense options for more lenient sentences. For example, if you are a first-time offender, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. It focuses on rehabilitation and qualification and could result in charges being dismissed.
How Can A DUI-DWI Lawyer Help You After An Arrest?
A criminal defense attorney can advise you of your rights, explain the charges against you and their potential consequences, help you understand the legal process that comes next and start to build your defense. That may involve challenging the reasonable suspicion that led to the traffic stop, questioning the accuracy of the blood alcohol content test results and disputing the reliability of the officer’s observations.
Your Luzerne County attorney can also assist in challenging any administrative procedures that would result in the loss of your driver’s license. When appropriate, your attorney may negotiate a plea deal with the prosecution that minimizes the impact of the criminal charges on your life.
We Can Make A Difference In Your Case
We study the latest developments in technology, police procedures and courts to make sure we are one step ahead of the police in order to ensure that you get the best possible results. To arrange a legal consultation about your drunk driving case in Pennsylvania, contact our law offices online or by telephone at 570-931-5943.