Drug DUI

Drug DUI Defense in Wilkes-Barre

Drug DUI Defense Starts with the Stop, Video & Blood Evidence

Drug DUI allegations can turn on why police stopped the vehicle and how a blood sample was collected, transferred, and analyzed. At Abraham Law, we defend people in Wilkes-Barre and Kingston who are accused of driving under the influence of a controlled substance, prescription medication, cannabis, or a combination of drugs and alcohol.

Attorney William I. Abraham has more than two decades of experience defending clients against criminal charges. Our criminal defense work includes:

DUI charges
Drug offenses
Theft offenses
Sex crimes
Violent offenses
Homicide charges

This broad background informs the fresh perspective we bring to each controlled-substance DUI case. An arrest isn’t a conviction. We examine the evidence behind the allegation and develop an individualized strategy based on the facts, applicable law, and client’s circumstances.

Call (570) 762-9988 for a free initial consultation about a Drug DUI charge and the next steps in your defense.

How Pennsylvania Law Defines DUI with a Controlled Substance

Pennsylvania Vehicle Code Section 3802(d) addresses several types of drug-based DUI allegations. Some charges depend on what laboratory analysis detects, while others require allegations that a substance impaired the person’s ability to drive safely.

Section 3802(d) covers these distinct grounds for a charge:

Schedule I substances: Driving with any amount of a Schedule I controlled substance in the blood is prohibited. These allegations may involve cannabis metabolites identified through laboratory analysis.
Non-prescribed substances: The law prohibits driving with a Schedule II or Schedule III controlled substance in the blood when that substance wasn’t medically prescribed for the individual.
Drug impairment: A charge may allege that one drug or a combination of drugs impaired the person’s ability to operate a vehicle safely.
Combined influence: Section 3802(d) also addresses alleged impairment involving alcohol and drugs together, as well as impairment from a solvent or noxious substance.

A valid prescription doesn’t automatically resolve a prescription medication DUI allegation. The Commonwealth may instead claim that the medication impaired safe driving. The precise allegation matters because a drug-presence charge and an impairment-based charge rely on different factual and legal issues.

How We Review Evidence in Wilkes-Barre Drug DUI Cases

We examine the investigation from the initial traffic stop through toxicology analysis and court proceedings. Probable cause is a factual basis that would lead a reasonable person to believe an offense occurred. We challenge whether that basis existed for the stop or ensuing arrest under the applicable legal standard.

Our evidence review can include:

Traffic stop evidence: We compare the officer’s stated reasons for the stop with reports, observations, and other available evidence.
Dashboard camera footage: We can subpoena police dashboard camera footage when it’s relevant to the basis for the stop or the events that followed.
Sample handling and analysis: We examine chain of custody, which documents the control and transfer of a sample from collection through testing. We also review whether laboratory protocols were followed and whether handling issues affect the reported results.

The Luzerne County Court of Common Pleas handles criminal cases arising in the region, including matters from Wilkes-Barre and Kingston. Our understanding of local courts, prosecutors, and operating procedures informs our preparation, but each case still requires its own analysis. We develop an individualized defense strategy and work with each client through every stage of the case.

Experience Makes The Difference

Meet Attorney Abraham
Learn More
Our Blog
Read More
Schedule a Consultation
Get Started

Potential Penalties for a Controlled-Substance DUI Conviction

A first controlled-substance DUI conviction carries several potential consequences:

A mandatory minimum of 72 consecutive hours of imprisonment
A fine of at least $1,000 and no more than $5,000
Attendance at alcohol highway safety school
Compliance with applicable drug and alcohol treatment requirements

Qualifying prior DUI dispositions within the statutory lookback period can also affect sentencing. These may include adult and juvenile dispositions, juvenile consent decrees, and acceptance of Accelerated Rehabilitative Disposition. We review the record before assessing the potential consequences of a current charge.

Discuss Your Charge in a Free Initial Consultation

A free initial consultation gives you an opportunity to explain what happened and discuss the accusation, available evidence, and upcoming court obligations. Our contact form is available if you prefer to reach us in writing.

Call (570) 762-9988 to discuss your Drug DUI charge and next steps.

Blood Evidence Timing & Early Case Review

Drug DUI allegations commonly rely on blood evidence rather than breath alcohol results. The collection time, documented handling, laboratory procedures, and reported substances can therefore become central to the case.

For alcohol-based DUI charges, Pennsylvania permits evidence of a blood or breath alcohol concentration from a sample collected more than two hours after driving in certain circumstances, but Pennsylvania courts have held that this two-hour framework doesn’t govern blood testing timing in controlled-substance DUI cases under Section 3802(d). For charges where the two-hour rule applies, the Commonwealth must establish good cause for the delay and show that the person didn’t consume alcohol or a controlled substance between the arrest and sample collection.

Early review allows us to examine the charging paperwork, laboratory reports, and court notices before required appearances. It can also identify records or video evidence that may need to be requested as the defense develops.

Contact Us today to schedule a free consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Abraham Law at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Why Choose Us?

Experience Makes The Difference

Personalized Attention To Every Case
20+ Years of Criminal Law Experience
Free Case Evaluations
Member of the Bar in Pennsylvania, New Jersey, & Florida