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Attorney in Scranton
Arrested for Driving Under the Influence (DUI) in Lackawanna County?
Have you been charged with driving under the influence, and need a DUI Attorney in Scranton? If you are facing a DUI, you are likely aware that you are in serious legal trouble. In Pennsylvania, drivers face very serious penalties if they are convicted. The arrest is embarrassing and we understand that, call us so that we can help you through the process.
After your arrest for DUI, you should insure that you do not get in trouble for any drug or alcohol involved incident while your charges are pending. Now is a good time to evaluate if drugs or alcohol are playing a bigger role in your life than they should be. Any efforts made toward treatment prior to your appearance in court will be beneficial to you, and looked upon favorably by the judge. Some counties give credit against your sentence for time spent in treatment. Need help? Call us today.
Driving Under the Influence of Alcohol or Drugs
In Pennsylvania a person is guilty of DUI if he drives, operates or is in physical control of the movement of a vehicle after drinking an amount of alcohol or using drugs that makes him incapable of safe driving. This is known as “General Impairment."
A person is also guilty of DUI. if he drives, operates or is in physical control of the movement of a vehicle and that person’s blood alcohol level is .08% or higher within 2 hours of driving the vehicle. There are multiple “tiers” under the Pennsylvania DUI law and they are based upon your blood alcohol level and the number of prior DUI offenses in your past.
What do I do now?
At Shane Scanlon Law we look at all of the options that may be available to you. When charged with a DUI the most common scenarios are:
I do not have a prior DUI or Criminal Record:
If you don’t have any prior criminal record, you may be eligible for the ARD program which stands for Accelerated Rehabilitation Disposition. ARD for a DUI is usually a few month long probationary program with no time spent in prison. In most cases, if you are accepted into ARD there is a license suspension of varying lengths (which generally depends upon your blood alcohol content). You will be ordered to complete the Alcohol Highway Safety Classes and an amount of community service. Most counties will require that you attend drug and alcohol counseling. Some counties order drug and alcohol testing. Upon completion of the ARD requirements, you are eligible to have your charges dismissed and your arrest record expunged.
I have a prior record:
If you have a prior DUI or other convictions you may be ineligible for the ARD program. Some counties may allow you to serve a sentence for a 2nd or subsequent DUI on house arrest or in a work release center. These programs allow you to remain out of jail, receive appropriate treatment and continue working. If you are not eligible for ARD we can work to reduce the type of punishment you receive or the time spent on house arrest, work release, probation or in jail. We can attempt to negotiate with the Commonwealth to reduce your exposure to certain punishments. If we cannot come to a fair resolution with the prosecutor we can take the case to trial. Some DUI cases are dismissed following the filing of pretrial motions which challenge the legality of the traffic stop.
If you are charged with a DUI in any of the counties in Northeast Pennsylvania, please call the NEPA DUI team at Shane Scanlon Law today. Shane has taken numerous DUI cases to trial and argued all types of pretrial motions. That is experience you can trust. Let Shane Scanlon fight for you.