DUI Defense Lawyer

Last updated on February 9, 2026

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.

How Do DMV License Suspensions And Administrative Hearings Work In Pennsylvania?

A DMV license suspension in Pennsylvania begins after a DUI arrest or certain serious traffic violations. When a driver is arrested for DUI, the police forward the paperwork to PennDOT, which then issues a suspension notice. The driver usually has a limited window to request an administrative hearing, making timing critical.

The requirement for PennDOT SR22 insurance is necessary when a driver needs to prove continued financial responsibility. This certificate is filed through the driver’s insurance company and may lead to increased insurance premiums for several years. Failing to maintain the SR22 filing can extend or restart a suspension period, adding further consequences.

Suspension timelines can vary. Some are triggered immediately, while others begin after court proceedings. The length of a statutory suspension cited for many DUI scenarios is 12 months for a first suspension tier, with longer periods for repeated or aggravated offenses. Factors such as prior DUI history, refusal to take a chemical test or driving with a suspended license can extend suspension periods.

When a driver requests a DUI hearing, the goal is to challenge whether the suspension is valid, based on the evidence and processes used by law enforcement and PennDOT. Before entering the hearing, it helps to understand what may be reviewed:

• Whether the stop and arrest were lawful and supported by reasonable suspicion.
• Whether chemical testing procedures were followed properly.
• Whether deadlines and documentation were handled correctly by the officer and the state.

These hearings do not determine guilt or innocence in the DUI case itself. Instead, they focus strictly on the legality and validity of the suspension. A driver still faces separate criminal proceedings in court.

Because the administrative and criminal processes operate independently, missing deadlines in either system can result in losing driving privileges even before the criminal case concludes. For this reason, working with a Pennsylvania DUI lawyer can help ensure timely filings, evidence review and proper representation during the hearing.

What Is The Accelerated Rehabilitative Disposition (ARD) Program And Who Qualifies?

The ARD program in Pennsylvania is a diversion program available to certain first-time DUI offenders. It is designed to provide an alternative to conviction, allowing eligible participants to complete requirements such as:

• Alcohol education
• Probation
• Community service
• Possible treatment

When successfully completed, the DUI charge may be dismissed, and the participant may be eligible for expungement, reducing long-term criminal consequences.

Eligibility for ARD is not automatic. The court and district attorney review each request individually, considering factors such as prior convictions, injuries caused in the incident and the driver’s overall record.

Certain aggravating circumstances, such as high blood alcohol levels or accidents involving serious injury, may make someone ineligible. These are the benefits of entering the ARD program:

• Avoidance of a criminal conviction on one’s record.
• Opportunity for expungement after completion.
• Reduced license suspension periods compared to standard DUI penalties.
• A structured process for treatment and rehabilitation.

Completing the program requires consistent compliance. Participants must meet deadlines, attend required education sessions and follow any treatment recommendations. Failure to comply can result in removal from the program and reinstatement of the original DUI charge and penalties.

Because application steps must be handled correctly and eligibility criteria weighed carefully, assistance from a Pennsylvania DUI attorney can help ensure the application is filed properly and that supporting details are presented effectively.

The Shifflett Decision: Does ARD Count As A Prior Offense?

A major change in Pennsylvania DUI sentencing law came from the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett. This ruling directly affects how prior DUI cases that were resolved through the Accelerated Rehabilitative Disposition program are treated in later prosecutions. For many drivers, this decision significantly alters sentencing exposure in repeat DUI cases.

Before the Shifflett decision, prosecutors often argued that a prior DUI resolved through ARD should be treated the same as a conviction for sentencing purposes. This interpretation allowed courts to use an ARD disposition to increase mandatory minimum penalties for later DUI offenses. In some cases, this resulted in mandatory jail sentences being doubled or tripled, even though ARD is designed as a nonconviction diversion program.

The Pennsylvania Supreme Court rejected that approach. In Shifflett, the court ruled that a prior DUI case resolved through ARD cannot be used to increase mandatory minimum sentences for subsequent DUI offenses. The court focused on the legal distinction between a conviction and successful completion of a diversionary program. Because ARD does not result in a guilty verdict, it cannot trigger enhanced mandatory sentencing provisions under Pennsylvania DUI statutes.

This ruling has important practical consequences. Drivers who previously completed ARD may still face DUI charges if arrested again, but the sentencing court cannot rely on the ARD case to impose heightened mandatory minimum penalties. This can mean the difference between probation eligibility and mandatory incarceration, as well as shorter license suspensions and reduced collateral consequences.

It is important to understand what the Shifflett decision does and does not change. ARD may still be considered in other contexts, such as determining eligibility for diversion programs or evaluating a defendant’s overall record. However, it cannot be used as a prior offense to increase mandatory minimum jail time under Pennsylvania DUI sentencing tiers.

Because DUI law continues to evolve, applying this ruling correctly requires careful review of a driver’s history, the timing of offenses and the specific charges filed. Misapplication of sentencing enhancements remains a risk when courts or prosecutors rely on outdated interpretations. Understanding how Shifflett applies to a particular case can have a direct impact on sentencing exposure and long-term consequences.

What Is Act 58: DUI Following Diversion?

There has been an important change in the way a DUI case that has gone through ARD can impact future sentences. This is due to Act 58: DUI Following Diversion. This Act was created in December 2025, after the aforementioned Shifflet ruling in the Pennsylvania Supreme Court.

Act 58 mandates that the first DUI conviction a person receives within 10 years of ARD will now automatically qualify as a second DUI offense, dramatically increasing the potential penalties. This can create harsher mandatory jail sentences. The new statute that was created by Act 58 is 75 Pa.C.S. § 3802(h). It is crucial for those facing DUI charges to understand the impact this could have on their case and the sentences they face.

Specifically, if someone is charged under these circumstances, there is now a mandatory minimum of a $1,500 fine and 90 days in jail. Since this is a mandatory minimum, a conviction alone means that this penalty must be imposed by the court, despite the fact that the person went through a diversion program for their first offense.

One of the most critical details to remember is that there is a 10-year lookback period. If someone completed the ARD program 11 years ago or more, then their next DUI would not automatically qualify as a second offense and trigger the higher mandatory minimum. But if that ARD program was utilized in the last decade, then the new mandatory minimums do apply.

This is much different than if the charge were treated as a first DUI. For someone with a BAC in the range of .08% to .099%, for instance, there is no mandatory jail time for a first conviction. They may have to pay a fine of $300 or spend up to six months on probation. For higher BAC levels, some mandatory jail time may apply. Between .10% and .159%, for instance, there is a mandatory minimum of 48 hours. This helps to illustrate how dramatically Act 58 has changed the way that these cases will be addressed.

DUI laws in Pennsylvania are always changing and shifting, and it is very important to understand how these alterations can affect upcoming cases. Those who are facing charges must know what penalties are on the table if they are convicted and what defense options they have moving forward.

What Are The DUI Consequences For Commercial Driver’s License (CDL) Holders?

Drivers with a commercial driver’s license (CDL) face stricter standards and more severe outcomes when charged with DUI. Federal and state regulations require commercial drivers to meet lower blood alcohol concentration limits, .04% BAC, when operating commercial vehicles. Even when driving a personal vehicle, a DUI conviction can trigger CDL disqualification. This makes the stakes higher, as consequences can directly affect employment and livelihood.

CDL holders also face separate penalties beyond DUI penalties in Pennsylvania. These penalties can include:

• Immediate CDL suspension, regardless of the status of the noncommercial license.
• Longer suspension periods for first offenses.
• Mandatory disqualification for repeat offenses.
• Possible permanent loss of CDL privileges depending on the driver’s history.

Commercial drivers may also face employment consequences independent of court or PennDOT action. Employers may terminate or restrict job duties following a DUI arrest. Even after completing suspension requirements, reinstatement does not guarantee reemployment in the commercial driving field.

Insurance requirements for commercial drivers are stricter, and employers may choose not to retain drivers with a DUI history because of liability and insurance cost concerns.

The administrative and criminal processes run at the same time, and missing deadlines or failing to request hearings promptly can result in the CDL holder losing driving privileges sooner than expected. Because livelihood is directly tied to a CDL, securing representation from a Pennsylvania DUI lawyer can help protect license status and employment opportunities.

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.