DUI Lawyer in Wilkes-Barre, PA

Blood Testing in Luzerne County DUI Cases

After a DUI arrest in Luzerne County, the evidence is often a hospital blood draw rather than a breath test at the station. Blood results are not automatically reliable, and they can be challenged on several grounds:

• When the blood was drawn compared with when you were driving, since the general impairment charge under § 3802(a)(2) depends on BAC within two hours of driving
• Whether you gave valid consent or police obtained a warrant before the draw
• Chain of custody from the draw to the laboratory
• Lab accreditation, testing method, and the analyst’s records
• Whether a medical draw and a police draw were mixed up in the records

Shane reviews the blood evidence, the arrest paperwork, and the traffic stop itself to find the weaknesses in the Commonwealth’s case.

ARD for a First DUI in Luzerne County

Accelerated Rehabilitative Disposition (ARD) is a diversionary program for first time offenders. The Luzerne County District Attorney’s office decides whether to offer it, and the decision depends on factors such as your BAC, your prior record, and whether anyone was injured. A completed ARD program can lead to dismissal of the charge and expungement, but it usually comes with a license suspension, alcohol highway safety school, and a period of supervision. Early contact with an attorney helps you present your case for ARD before the offer window closes.

Refusing a Blood or Breath Test

A refusal brings a separate PennDOT license suspension in addition to the criminal case. Pennsylvania sentences a refusal under Tier 1 penalties, but the refusal itself can still be used by the Commonwealth and has to be defended on its own facts, including whether you were properly warned.

Local Knowledge That Matters

Shane Scanlon served as District Attorney of Lackawanna County, so he knows how prosecutors build DUI cases and where they are weakest. He defends clients in the Luzerne County courts regularly, and he works directly with each client on a defense strategy:

• Review of the stop, the field sobriety tests, and the arrest procedures
• Challenges to blood and breath test results
• Negotiation for ARD or reduced penalties when appropriate
• Trial representation when the case should be tried

If your DUI charge was filed in Lackawanna County instead, see our Scranton DUI attorney page for how those cases are handled in Scranton.

FAQ

What are the penalties for a first DUI in Luzerne County?

They depend on your BAC tier. General impairment (.08% to .099%) carries up to 6 months of probation and a $300 fine. High rate (.10% to .159%) carries 48 hours to 6 months in jail and a $500 to $5,000 fine. Highest rate (.16% or higher, or drugs) carries 72 hours to 6 months in jail and a $1,000 to $5,000 fine. License, treatment, and interlock requirements can apply as well.

Is ARD available for a DUI in Luzerne County?

Possibly. ARD is a diversionary program that the Luzerne County District Attorney’s office decides whether to offer. Your BAC, prior record, and whether anyone was hurt all affect eligibility. Completing the program can lead to dismissal and expungement.

Why does blood testing matter in a Wilkes-Barre DUI case?

Many Northeast Pennsylvania DUI cases rest on a blood draw. The timing of the draw, whether you consented or police had a warrant, chain of custody, and lab procedures can all be challenged, and a flaw in any of them can weaken the Commonwealth’s case.

Do I need a Wilkes-Barre DUI lawyer if Shane’s office is in Scranton?

No. Shane Scanlon regularly defends DUI charges in the Luzerne County courts, and his experience as a former District Attorney applies on both sides of the county line.