Find Legal Help For Your DUI Charges Close to Home
Facing DUI and DWI charges in Pennsylvania is a serious matter. But you don’t have to face it alone. At Pike Law, our Wilkes Barre DUI/DWI attorneys have deep knowledge of Pennsylvania’s state laws and can guide you through every step of the process, helping you protect your rights.
What’s a DUI/DWI?
In Pennsylvania, facing a DUI or DWI charge means you’ve been accused of operating a vehicle while under the influence of alcohol or drugs. For those 21 and over, this happens when your blood alcohol concentration (BAC) hits 0.08% or higher.
If you’re under 21, that number drops to 0.02%. But here’s the catch—you can still be charged with DUI/DWI even if you’re below the legal limit if there are clear signs of impairment. Even with a BAC under 0.02%, you are choosing to drive under the influence.
The DUI/DWI Process in Pennsylvania
A DUI and DWI charge usually begins with a traffic stop. Law enforcement may pull you over if they notice signs like:
- Swerving
- Erratic braking
- Speeding
- Slow responses to traffic signals
Once stopped, the officer will likely perform field sobriety tests or use a breathalyzer to check your BAC. If they suspect you’re under the influence, you’ll be taken for further testing, often at a hospital or police station.
Authorities will use breath, blood, or urine tests to measure your BAC or detect drugs in your system. Based on these results, formal DUI and DWI charges can be filed. Afterward, you’ll attend a preliminary hearing, where the court decides if there’s enough evidence to move forward.
DUI vs DWI in Pennsylvania
In Pennsylvania, DUI vs. DWI essentially means the same thing—they’re interchangeable terms. Typically, DUI is used for alcohol-related charges and DWI for drug-related offenses, but the consequences remain the same.
Types of DUI/DWI Charges
Pennsylvania has different levels of DUI/DWI offenses:
- General impairment: BAC between 0.08% and 0.099%
- High BAC: BAC of 0.10% or higher
- Controlled substance: Driving under the influence of drugs, whether illegal or prescription. Drugs will not trigger a breathalyzer but can cause someone to be impaired when they attempt to drive.
Additionally, alcohol-related DUIs are classified into:
- General impairment (0.08 to 0.099% BAC)
- High BAC (0.10 to 0.159% BAC)
- Highest BAC (0.16% and higher BAC)
DUI/DWI Punishments
Punishments for DUI and DWI charges in Pennsylvania vary depending on your BAC level and any prior convictions. For example:
- A first-time general impairment DUI could mean up to six months of probation and a $300 fine.
- A high BAC or controlled substance DUI can result in jail time (up to six months), a fine of up to $2,500, and a 12-month license suspension.
Defending Against DUI/DWI Charges
At Pike Law, our DUI/DWI attorneys can explore several defenses to protect your rights, including:
- Challenging the accuracy of BAC tests
- Questioning the legality of your traffic stop
- Raising doubts about the officer’s training or experience in administering field sobriety tests
These are considered the best potential defenses, and our DUI/DWI attorneys will leave no stone unturned to protect your rights. However, the defense strategy and our approach will depend on the individual circumstances of your case.
Need a Wilkes Barre DUI/DWI Attorney?
If you’ve been charged with a DUI/DWI in Wilkes Barre or the surrounding area of NEPA, you don’t have to face the most severe punishment you could receive. The skilled team at Pike Law is ready to fight for your rights and get the best outcome possible. Speak with our Wilkes Barre DUI/DWI attorneys to start building your defense.
Contact us today to schedule a consultation.