The Transportation Department of Pennsylvania (PennDot) suspends a driver's permit for a D.U.I. after conviction or reluctance to submit to chemical testing. Anyone driving in the state of Pennsylvania is considered to have given their consent to chemical testing on a lawful request. Refusal to submit to chemical testing entails a suspension of at least 1 year for a driver's license.
It can be a true burden to lose your drivers licence for any reason, even if it's just a brief suspension. You may need to get get your vehicle to work, get your children to school, or go shopping every day. Caught driving on a suspended permit only aggravates your issues. You now face extra suspension, fines, and potentially jail time in addition to the initial suspension. That's why it's critical to never drive on a suspended permit and why you should seek legal assistance instantly if you get stopped while doing so.
Most DUI convictions lead in a suspension of a license in Pennsylvania for a particular period of time. When the state suspends the driving license of a resident, they are required to send in their physical driver's license in order to validate the suspension. The person cannot drive until the physical license is returned in his or her possession at the conclusion of a suspension.
DRIVING ON A SUSPENDED LICENCE
Pennsylvania treats individuals driving under suspension differently depending on whether the suspension is for drunk driving or whether they refuse to take a breath or blood test for a DUI. Normally, a driver under suspension will incur a $200.00 fine and an extra year of suspension on his license. Unless conducted several times, there is usually no jail time. However, the penalties improve dramatically if the suspension is for Drunk Driving.
A DUI suspended motorist shall be subject to the penalties referred to in section 1543(b) for any present suspension or revocation, whether or not DUI-related, if such suspension or revocation is required to commence at a future date. A a DUI suspended driver faces penalties pursuant to 1543(b) until the DUI suspension period is fully served and his driver license is effectively reinstated. 75 C.S.P. § 1543(b)(2) ("This provision shall also apply until the driving privilege has been restored by the individual").
While driving a car under a suspended license is illegal regardless of for which your license has been suspended, driving after your license has been suspended for a DUI comes with much more stringent penalties, including compulsory 60 days in prison and up to 90 days in jail, as well as fines, court fees and further harm to your criminal record.
PENALTIES FOR A 1st OFFENSE:• License suspension for a DUI: summary offense, fine of up to $500 and between 60 and 90 days in prison.
- Refusal to submit a BAC test: summary offense, a fine of up to $500 and 60 to 90 days in prison.
- BAC Level.02 or higher: a compulsory fine of up to $1,000 and at least 90 days in prison.
PENALTIES FOR A 2nd OFFENSE: • A third degree misdemeanor, a fine of $2,500 and a prison term of at least six months to a year.
PENALTIES FOR A 3rd OFFENSE:• First degree misdemeanor, a fine of $5,000 and a two to five years imprisonment obligatory.
These penalties do not include additional expenses such as court fees. In certain instances, your car may also be impounded.
It is recommended not to take an opportunity to try to defend yourself in the face of these serious consequences. It is important that you hire an experienced lawyer to help the court system navigate your case.
DEFENSES:
In order to prove a individual guilty of this offense, the state must demonstrate that the driver had a PennDot suspension notice. It may not be enough merely to mail the notice. If you move and don't alter your permit address, however, PennDot can send the notification to your ancient address and that's going to be enough. Even if you didn't know for some reason that your license was suspended for some other reason that won't be enough. This offense is an absolute liability. Even if you have an out - of-state license, if under the suspension of this state, you can't drive in Pennsylvania.
RESTORATION OF LICENSE:
A driver can't drive until his permit has been "restored" by PennDot after the one-year suspension. This usually implies sending a $25.00 check in a form. Until properly notified by PennDot, however, one can not begin driving. However, if you are still under suspension for other reasons, you will not be restored and despite the end of that year's suspension, these severe penalties will still be in effect. And if you've never had a permit, you need to apply for a permit, get one (which will be suspended instantly) and then restore it when all suspensions are finished.
WHAT IS ADVISABLE:
If, for any reason, you are suspended, it is essential to submit your permit as quickly as PennDot notifies you (sometimes the tribunal will take it from you in court). Your suspension will not start until the permit is received by PennDot. If you do not have a Pennsylvania permit (or a permit at all) you will have to send a form to start the suspension period. This form is your acknowledgement of the suspension of your permit. Not sending your permit in the form will not offer you a defense against this charge. Then, when the suspension ends, get a PennDot restore letter. That's going to tell you what to do to get back your license.
If you are arrested for this offense it is imperative that you contact a lawyer immediately so he/she can better prepare your defense. Never plead guilty to driving under suspension or driving under suspension for a DUI until you have spoken to an experienced attorney.