Areas Served

Plains Township DUI Lawyer

A DUI arrest can affect your freedom, your driver's license, your employment, and your financial future. If you have been charged with Driving Under the Influence (DUI) in Plains Township, Pennsylvania, it is important to understand that an arrest is not the same as a conviction.

The Commonwealth must prove every element of a DUI offense beyond a reasonable doubt. Every investigation should be carefully reviewed to determine whether law enforcement complied with Pennsylvania law and respected your constitutional rights.

For more than forty years, Sklarosky Law has represented individuals throughout Northeastern and Central Pennsylvania charged with DUI and other criminal offenses. We provide experienced legal representation from the earliest stages of a DUI investigation through trial when necessary while working to achieve the best possible outcome for every client.

Pennsylvania DUI Laws

Pennsylvania's DUI laws classify offenses based upon several factors, including:

  • Blood Alcohol Concentration (BAC)
  • Prior DUI convictions
  • Controlled substances
  • Refusal to submit to chemical testing
  • Commercial driver's license status
  • Whether an accident occurred

Every DUI case is unique, and understanding the specific allegations against you is critical before deciding how to proceed.

Potential Penalties for DUI

Depending upon the circumstances, a DUI conviction may result in:

  • Driver's license suspension
  • Significant fines
  • Probation
  • Jail or prison
  • Alcohol Highway Safety School
  • Drug and alcohol evaluation
  • Ignition interlock requirements
  • Increased automobile insurance premiums

The penalties depend upon your prior record, BAC level, and the grading of the offense.

DUI Traffic Stops in Plains Township

Most DUI investigations begin with a routine traffic stop.

Police may stop a vehicle for allegations involving:

  • Speeding
  • Failure to maintain a lane
  • Equipment violations
  • Traffic signal violations
  • Reckless driving
  • Suspicion of impaired driving

One of the first issues in every DUI case is whether law enforcement had legal justification to initiate the stop. If constitutional requirements were not satisfied, important evidence may be challenged.

DUI Investigations on Route 315, Interstate 81, and Route 309

Plains Township sits at the crossroads of several major transportation corridors, including Pennsylvania Route 315, Interstate 81, and nearby Route 309. These roadways carry thousands of commuters, commercial vehicles, and travelers through Luzerne County every day.

Many DUI investigations begin after traffic stops on these heavily traveled routes.

Our office carefully evaluates whether law enforcement had legal authority to:

  • Initiate the traffic stop
  • Extend the investigation
  • Request field sobriety testing
  • Conduct a vehicle search
  • Obtain statements
  • Make an arrest

Every stage of a DUI investigation should comply with Pennsylvania law and constitutional protections.

Challenging the DUI Investigation

A successful DUI defense often begins by carefully examining how the investigation was conducted.

Our office reviews:

  • Police reports
  • Dash camera footage
  • Body camera recordings
  • Dispatch communications
  • Witness statements
  • Surveillance video when available

A thorough review of the evidence frequently identifies legal issues that may significantly affect the prosecution's case.

Field Sobriety Tests

Police officers frequently ask drivers to perform standardized field sobriety tests during DUI investigations.

These tests commonly include:

  • Walk-and-turn
  • One-leg stand
  • Horizontal Gaze Nystagmus (HGN)

Performance may be affected by many factors unrelated to alcohol, including:

  • Medical conditions
  • Injuries
  • Fatigue
  • Uneven pavement
  • Weather conditions
  • Footwear
  • Age

Whenever field sobriety testing is used as evidence, we carefully review whether the tests were administered according to accepted procedures.

Blood and Breath Testing

Many DUI prosecutions rely heavily upon chemical testing.

Evidence may include:

  • Blood testing
  • Breath testing
  • Laboratory analysis
  • Chain of custody documentation
  • Calibration records
  • Collection procedures

Our office carefully reviews whether testing complied with Pennsylvania law and whether the evidence is reliable and admissible.

Pennsylvania's Implied Consent Law

Pennsylvania's implied consent law may affect both your criminal case and your driving privileges if chemical testing is requested.

If implied consent issues arise, we explain:

  • Your legal rights
  • The potential consequences
  • How those issues may affect your criminal case

Every implied consent issue deserves careful legal review.

First-Offense DUI

Many individuals charged with DUI have never previously been arrested.

Although first-time offenders may have sentencing options that differ from repeat offenders, every case should be thoroughly evaluated before deciding whether to plead guilty or proceed to trial.

Understanding the evidence and your available defenses is essential.

Protecting Your Constitutional Rights

Every DUI investigation should be examined to determine whether law enforcement complied with constitutional requirements.

Our office evaluates whether:

  • The traffic stop was lawful
  • Police unlawfully prolonged the detention
  • Probable cause existed for arrest
  • Statements were lawfully obtained
  • Chemical testing complied with legal requirements
  • Evidence should be suppressed because of constitutional violations

Protecting constitutional rights remains one of the most important aspects of DUI defense.

Frequently Asked Questions

Should I plead guilty to my first DUI?

Every case is different. Before making any decision, it is important to understand the evidence, available defenses, and the long-term consequences of a conviction.

Can I challenge a DUI blood test?

Depending upon the facts, laboratory procedures, collection methods, chain of custody, and constitutional issues may all be subject to legal challenge.

What happens if I refused chemical testing?

Refusal cases involve additional legal issues that should be carefully reviewed by an experienced DUI attorney.

Will I automatically lose my driver's license?

License consequences depend upon several factors, including the nature of the charge, prior offenses, and whether chemical testing was completed or refused.

Why Choose Sklarosky Law?

For more than forty years, Sklarosky Law has represented individuals throughout Luzerne County charged with DUI and other criminal offenses.

We are committed to:

  • Thorough case preparation
  • Honest legal advice
  • Responsive communication
  • Careful review of constitutional issues
  • Trial-ready representation when appropriate

Every DUI case deserves individualized attention and a thorough review of the evidence before important decisions are made.

Contact a Plains Township DUI Lawyer

If you have been arrested for DUI in Plains Township, Pennsylvania, do not wait to obtain experienced legal representation.

Contact Sklarosky Law today to schedule a confidential consultation. We proudly represent clients throughout Plains Township, Luzerne County, and Northeastern Pennsylvania.

Call (570) 283-1200 or use our online contact form to schedule a confidential consultation today.  

Sklarosky Law Is Here for You

At Sklarosky Law, we are going to fight for you. Whether it's against an insurance company to help you get the financial compensation you deserve or fighting for you in the criminal justice system to get you a fair result. We are here to listen to you and help you navigate the legal system.

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Contact Us Today

Sklarosky Law is committed to answering your legal questions. Whether you have been seriously injured or are facing criminal charges, we can help.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.