Defenses to DUI Charges in Pennsylvania: How to Defend a Luzerne County DUI Case

Getting pulled over for DUI in Luzerne County can be overwhelming — whether it happens on Route 309, I-81, the Cross Valley Expressway, Blackman Street, River Street in Wilkes-Barre, or anywhere in between. A DUI arrest carries serious consequences in Pennsylvania, but it does not mean you'll be convicted.

At Sklarosky Law, we defend DUI cases every day in the courts of Wilkes-Barre, Hazleton, Pittston, Mountain Top, Dallas, Kingston, Swoyersville, Nanticoke, and all surrounding areas. Below are some of the most effective DUI defenses used right here in Northeastern Pennsylvania.

1. You Were Not Under the Influence (Common in NEPA Stops)

Local police departments — including Pennsylvania State Police, Wilkes-Barre City PD, Kingston Borough PD, and others — often rely on subjective observations such as:

• Red/watery eyes (common in NEPA during allergy season)

• Slurred speech

• Nervousness during the stop

• Unsteady balance on cracked or uneven shoulders

But in Luzerne County, many factors unrelated to DUI can mimic impairment:

• Cold weather and wind (field sobriety tests done on icy pavement are unreliable)

• Fatigue from long commutes on I-81 or Route 80

• Medical conditions and medications

• Gravel, potholes, or uneven rural road shoulders

If field sobriety tests were done on a sloped back road (like in Hanover Township, Mountain Top, or Drums), your lawyer can challenge the validity of those results.

2. You Were Not Driving or in Control of the Vehicle

This defense frequently arises in NEPA when police arrive after:

• A crash on Route 309, I-81, or the Cross Valley

• A car is stuck in snow or pulled over on a rural road

• A vehicle is parked outside a bar in Pittston, Wilkes-Barre Township, or Hazleton

To convict you, prosecutors must prove you were driving or in actual physical control — not just sitting in the vehicle to stay warm.

If they can't prove that, the DUI charge fails.

3. The Traffic Stop Was Illegal (A Major Issue in Local DUI Cases)

Police in Pennsylvania need reasonable suspicion or probable cause to stop you. Examples of invalid stops that we frequently see overturned in local courts include:

• Being pulled over near a bar or restaurant simply because police were “watching the parking lot”

• Being stopped for “wide turn” or “touching the fog line,” which NEPA courts often reject

• Being pulled over for a broken tail light when both brake lights were functioning

• Officers following a vehicle for miles on Route 309 or I-81 with no observed violation

If the stop was illegal, all evidence — including breath or blood tests — may be suppressed.

4. DUI Checkpoints in Luzerne County Must Follow Strict Rules

Checkpoints in Wilkes-Barre Township, Plains, Hanover, and Hazleton are common — but they must follow constitutional rules:

• Must be pre-approved by supervisory police

• Must be publicly announced (press release)

• Must stop cars in a predictable pattern

• Must be clearly marked with lights and signage

• Cannot change location at the last second

If police violated any of these requirements, your DUI charges may be dismissed.

5. Chemical Test Problems (Frequent in Local Non-Warrant Blood Draw Cases)

NEPA DUI cases often involve issues such as:

• Breathalyzer machines not being properly calibrated

• Blood tests taken at local hospitals without a valid warrant

• Incorrect Implied Consent warnings read by officers

• Contamination or improper handling at the lab

• Long delays between arrest and testing (common in Wilkes-Barre & Hazleton)

These errors can make your results unreliable — and therefore inadmissible.

Contact a Luzerne County DUI Lawyer Today

If you were arrested for DUI anywhere in Luzerne County — Wilkes-Barre, Kingston, Pittston, Hazleton, Mountain Top, Nanticoke, Dallas, Shavertown, Swoyersville, or any surrounding community — Sklarosky Law is ready to fight for you.

We appear daily before Luzerne County Magisterial District Judges and in the Luzerne County Courthouse in Wilkes-Barre. We know the local police departments, the prosecutors, and the common weaknesses in NEPA DUI cases.

Call Sklarosky Law today at (570) 283-1200 or use our online contact form to schedule a free consultation.
DUI charges can have life-changing consequences — but the right defense can make all the difference.