Harrisburg, Pennsylvania, DUI Lawyer

Last updated on February 14, 2025

A conviction on a drunk driving charge should be avoided at all costs. The Law Offices of Patrick F. Lauer, Jr. LLC, offers people a fighting chance to beat a DUI charge outright. We fight for no jail, no license suspension and no criminal record for all of our clients.

Don’t Let A DUI Conviction Ruin Your Life

In 33 years of practice, criminal defense lawyer Patrick F. Lauer has represented over 5,000 people accused of driving under the influence. He has a demonstrated record of dismissed charges and victories at trial, as well as countless examples of negotiated deals that spared clients from the worst consequences.

Our Lawyer Wrote The Book On Drunk Driving Defense
Harrisburg DUI lawyer Patrick F. Lauer wrote the manual on DUI law – Pennsylvania Drunk Driving Defense: Laws, Tactics and Procedures – which has been a reference for defense attorneys, prosecutors and judges statewide.

Our Camp Hill law firm represents clients throughout Cumberland County, surrounding areas including Harrisburg and throughout Pennsylvania. Call 717-985-8595 now for a free initial consultation.

Proven Defense Strategies Tailored To The Offense

Our lawyers handle all DUI cases and related matters:

• Drunk driving charges for first-time offenders
• Charges involving drivers with one or more DUIs on their record
• Drivers pulled over for drug-related impairment
• Drivers who could lose their commercial driver’s license (CDL)
• Minors charged with underage drinking or other alcohol-related offenses
• College students accused of supplying alcohol to a minor and underage drinking
• Driving after DUI suspension and other traffic violations

Our goal is to avoid the harsh penalties of a DUI conviction or at least minimize them.

In addition, we regularly work with expert witnesses in the field who assist us in crafting a strategy or challenging the prosecution’s evidence to help fight your DUI case.

Poking Holes In The Prosecution’s Case – Trust Harrisburg’s DUI Attorney

Mr. Lauer is a board-certified criminal trial lawyer by the National Board of Trial Advocacy, and knows the law and how to find the weak links in your drunk driving charge.

First-time offenders may qualify for accelerated rehabilitative disposition (ARD), a diversionary program that can help them avoid jail and reduce the period of license suspension. But it counts as a DUI conviction for future arrests. If you are not eligible for ARD or wish to fight the charges, our attorneys can explore several viable defenses. With 33 years of experience, we know what works!

Here are just a few of the issues that may aid us in your case:

• No BAC sample or a BAC of less than .08% – The prosecution has the burden of proving that you were operating a motor vehicle while under the influence of alcohol or drugs. What evidence do they have?
• BAC of .08% or higher – There are significant scientific and mechanical problems with all forms of chemical and breath testing. Most breath machines assume a 2100:1 ratio in converting alcohol in the breath into alcohol in the blood, but every person metabolizes alcohol differently. Furthermore, many breath testing machines assume a 10-point variance between uses. We have successfully questioned the validity of these tests.
• Testing at the wrong time – Chemical testing will be unreliable if done while you are still actively absorbing alcohol. Complete absorption takes anywhere from 30 minutes to three hours, and the process can be delayed if food is present in the stomach.
• Retrograde extrapolation – Essentially, the prosecution must show that you submitted to chemical testing within two hours of driving. Any chemical testing after two hours will be inadmissible.
• The other sample – If your BAC was measured by a blood test, we sent the second sample to an independent lab for comparison. What if they don’t match?
• Accuracy – The prosecution must prove that the chemical testing machines comply with Pennsylvania’s requirements for calibration, maintenance and accuracy. Mr. Lauer’s training in the Intoxilyzer and Data Master Breathalyzers enables him to ask the right questions.
• Field sobriety tests – Many people cannot perform these tests even while sober. They are notoriously unreliable, and we challenge any arrest or breath test based on our client’s “failure” of an FST.
• Miranda warnings – Incriminating statements may be suppressed if you were not given the Miranda warning at the appropriate time.
• Unlawful stop – An officer must have reasonable suspicion that you have violated a law before performing a traffic stop. If the officer cannot provide articulable reasons as to why he or she pulled you over, all evidence arising from the unwarranted traffic stop will most likely be suppressed. If the officer does list reasons for pulling you over, we vigorously question each of his or her observations and opinions.

For more information on what exactly a DUI charge entails or what you should be aware of, speak with our DUI lawyers or visit our frequently asked questions (FAQ) page.

Why Choose Our Firm For Your DUI Defense?

You have plenty of options when hiring a criminal defense lawyer, but not all attorneys and firms are created equal. If you’re facing drunk driving charges in Pennsylvania, there are many reasons why the Law Offices of Patrick F. Lauer, Jr. LLC, is a clear choice.

First, we offer extensive experience in and a commitment to the practice of criminal defense. Defending the rights of the accused has been our sole focus since 1989. Our two attorneys offer more than 40 years of combined legal experience, much of which has been spent in the courtroom.

Not all DUI cases go to trial, but if yours does, you can feel reassured by attorney Lauer’s trial record. In addition to representing more than 5,000 clients in DUI cases, he has an undefeated record in over 200 jury trials fighting for defendants accused of sex crimes and murder.

Credentials are another factor that sets our firm apart. Attorney Patrick F. Lauer Jr. earned his Juris Doctor from The Dickinson School of Law. He then went on to become a board-certified criminal trial attorney and has even written a book on Pennsylvania DUI defense. He has been named to the prestigious Super Lawyers list multiple times.

Even with considerable success and credentials, however, our attorneys do not rest on their laurels. They are committed to continuous professional improvement – both our lawyers are active members of several legal associations. They stay updated on legal trends and hone their skills by regularly attending conferences and national seminars on relevant criminal defense topics.

Finally, our attorneys work tirelessly to make themselves available to a diverse set of clients whenever they are needed. The firm provides services in English, Spanish and Russian, and Mr. Lauer and associate attorney Heather Nicole Orisko make themselves accessible to clients at any time of day or night. To honor the work of those who have bravely served our country, our firm provides discounted representation to honorably discharged military veterans.

We Have Handled Hundreds Of DUIs In Pennsylvania

At Law Offices of Patrick F. Lauer, Jr. LLC, we have extensive experience defending clients against DUI charges across Pennsylvania. Our commitment to providing a robust defense has led to numerous favorable outcomes. Here are some examples of cases we have handled:

• Commonwealth v. T (2015) – Double DUI: The defendant was stopped and arrested for DUI in Cumberland County. After leaving the booking center, he retrieved his car and was stopped again minutes later, leading to a second DUI arrest. The second DUI charge was completely dismissed.
• Commonwealth v. PH (2014) – DUI: In Cumberland County, the defendant was suspected of driving under the influence of marijuana after hitting a parked car while backing out of a driveway. A search revealed small amounts of marijuana. The drug charges were withdrawn, and the defendant was accepted into the Accelerated Rehabilitative Disposition (ARD) program.
• Commonwealth v. O (2000) – DUI Dismissal: The defendant was operating his vehicle in York County and was alleged to have been traveling 63 mph in a 50 mph zone. The officer, however, was not watching the defendant’s vehicle but the one in front. After a blood test indicated a BAC of .22%, Attorney Lauer challenged the probable cause for the stop. The court dismissed all charges, finding an insufficient basis for the stop due to road conditions and lack of unsafe driving.
• Commonwealth v. K (2001) – Charge Reduction: The defendant was stopped by the Pennsylvania State Police for erratic driving and charged with Driving Under Suspension (DUS) related to DUI and DUI itself. Attorney Lauer negotiated with the state trooper to withdraw the DUS/DUI-related charge on the condition that the case would be waived into court, saving the defendant a mandatory minimum of 90 days of incarceration.

Learn more about our 100-plus DUI case victories. Our firm is committed to providing personalized and effective defense strategies tailored to specific circumstances.

Frequently Asked Questions About Drunk Driving Charges

Here are some of the questions we hear most often from clients:

Can I refuse a breathalyzer or field sobriety test?

You can, but Pennsylvania has an implied consent law that can lead to penalties. If you refuse a breathalyzer, you can get an automatic one-year license suspension. If you have a previous offense, that suspension goes up to 18 months. Your refusal can also be used as evidence against you in court. While refusing field sobriety tests does not come with any penalties, refusal is often viewed with suspicion. Harrisburg drivers should be aware of what they can stand to lose with a simple “no.”

What is the Pennsylvania DUI legal process like?

Knowing what to expect in your DUI case allows you to prepare in advance and can help you identify police errors that might improve your defense.

Here is a brief, step-by-step overview of the DUI process in Pennsylvania:

• Arrest and booking: After a DUI arrest, the individual is taken to a police station for booking and chemical testing to determine BAC.
• Arraignment: The first court appearance where charges are read and the defendant enters a plea.
• Pretrial motions and hearings: Both sides exchange evidence, and the defense may file motions to suppress evidence or dismiss charges.
• Trial: The case typically goes to trial, where both sides present their arguments unless the prosecutor and the defendant make a plea deal.
• Sentencing: If found guilty, the judge imposes a sentence, including fines, possible jail time, probation, community service and mandatory alcohol education programs.

Pennsylvania law can impose steeper penalties for extremely high BAC levels and prior offenses.

How much does a DUI lawyer cost?

The cost of hiring a DUI lawyer varies based on factors such as the attorney’s experience, the complexity of the case and the geographic location.

Generally, law firms charge an hourly rate, which can range from $200 to $500 per hour. Some attorneys may offer a flat fee for specific services such as handling pretrial motions or representing defendants at trial.

For a first-time DUI offense with no aggravating factors, legal fees may range from $1,000 to $3,000 or more. However, if the case involves additional complications, such as a high BAC, a DUI accident or prior DUI convictions, the costs can increase. In more complex cases, legal fees can soar to at least $10,000.

The Law Offices of Patrick F. Lauer, Jr. LLC, is transparent about fee structures and always seeks to minimize costs for defendants. One way we do this is by providing a free, no-commitment initial consultation. This first meeting can help you determine the severity of your situation and whether you need additional legal help.

I was charged with a DUI in Pennsylvania, and officials are trying to take away my driver’s license. Can they do that?

Yes, under certain circumstances, the state does have that power. If you refuse chemical testing after your arrest to keep the police from measuring your blood alcohol content (BAC) level, your license will automatically be suspended for 12 months.

Generally speaking, you will retain your driving privileges after a DUI arrest in Pennsylvania while your case is pending. However, if you plead guilty or are convicted in court, your license can be suspended. If your BAC was .08% or higher at the time of your arrest or you hold a commercial driver’s license (CDL), you face a 12-month license suspension for a first offense.

In some cases, drivers may be eligible for an accelerated rehabilitative disposition (ARD) program. If so, you may be eligible to retain your license if you agree to an ignition interlock device (IID) on your car and any other conditions the court imposes.

Will I have to go to court for a DUI in Pennsylvania?

Yes. Unless you waive the preliminary hearing as part of a move to enter a diversionary (ARD) program, you will need to attend court as the prosecution establishes the probable cause for the charges to the satisfaction of the court.

Assuming the prosecution is successful, you will need to appear again in court for a formal arraignment. This is when the formal charges against you are established, and you will enter a guilty or not guilty plea. Other court hearings may follow as the case proceeds.

Will I have a plea bargain or a trial?

Most criminal cases are resolved through plea bargains – but not all of them. The decision to accept a plea agreement, as well as the long-term ramifications on your life, has to be considered very carefully. Your attorney can help you understand the options so you can make an informed decision, but the choice is ultimately yours.

What are the penalties for a first-time DUI offense in Pennsylvania?

In Pennsylvania, penalties for a first-time DUI offense can vary based on your blood alcohol content (BAC) and other factors. Generally, you may face fines, a license suspension, mandatory alcohol education classes and possibly jail time. The severity of these penalties often depends on the specific details of the case such as your BAC level at the time of arrest. It’s important to understand your rights and options, so consulting with a legal professional is advised.

What are the potential defenses against a DUI charge?

In DUI cases, Pennsylvania drivers have the opportunity to assert their innocence by:

• Challenging the accuracy of the breathalyzer
• Challenging the validity of the traffic stop, to begin with
• Showing that you have medical conditions that can mimic intoxication during sobriety tests

The Law Offices of Patrick F. Lauer, Jr. LLC, works to determine what strategies can make a case for your innocence, building a stronger defense.

How does Pennsylvania define “impairment” for DUI?

Don’t Delay. Contact Our Harrisburg DUI Lawyer Today.

As you can see, the Law Offices of Patrick F. Lauer, Jr. LLC, is familiar with many ways to attack a drunk driving charge, and we stand by our record of results. We can assist your case anywhere in Pennsylvania from our law office in Harrisburg, Pennsylvania. Contact us day or night at 717-985-8595 or reach us by email.