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Understanding License Suspension Following A DUI

If you are convicted of a DUI in the state of Pennsylvania, there is a good chance your driver’s license will be suspended. The best way to avoid this outcome is to not have a DUI conviction on your record.

The length of a driver’s license suspension is primarily based on the following factors:

Your license will officially be suspended when the Pennsylvania Department of Transportation (PennDot) receives notice of your conviction or admission into the Accelerated Rehabilitative Disposition (ARD) program. You will receive notification in the mail from PennDot when your driver’s license suspension begins. You are also required to return your actual license to the Pennsylvania Department of Transportation Bureau of Driver Licensing by the first date of your license suspension.

How Long Will Your License Be Suspended?

The following information indicates how long your driver’s license will be suspended based on BAC and the number of prior offenses:

First DUI offense

  • .08% – .099% BAC – No license suspension
  • .10% – .16 % BAC – One-year license suspension
  • .16% and higher – One-year license suspension, ignition interlock

Second DUI offense

  • .08% – .099% BAC – One-year license suspension
  • .10% – .16 % BAC – One-year license suspension, ignition interlock
  • .16% and higher – 18-month license suspension, ignition interlock

Third DUI offense

  • .08% – .099% BAC – One-year license suspension, ignition interlock
  • .10% – .16 % BAC – 18-month license suspension, ignition interlock
  • .16% and higher – 18-month license suspension, ignition interlock

If you have two or more DUI convictions, then you will be required to install an ignition interlock device in all vehicles that you own. An ignition interlock device is a breathalyzer that’s attached to a vehicle’s ignition and will not allow it to start unless you have an acceptable score. Breath samples are also taken intermittently while the vehicle is moving. If you fail a breath test, then the results will be sent to the police and an alarm may also sound. You will be responsible for having the ignition interlock device installed and all associated costs. Additionally, you will be prohibited from driving any vehicle that does not have an ignition interlock device.

Occupational Limited License

If you’re facing your first DUI offense and driver’s license suspension, you may qualify for an Occupational Limited License (OLL). An OLL permits you to drive only for work, medical or educational purposes. If you have a 12-month suspension, the OLL will only be issued after the first 60 days of your license suspension are served. If you have an 18-month suspension, the OLL will be issued after you have served 12 months of your license suspension. There is also the possibility of your OLL being extended, after a hearing conducted by the Pennsylvania Department of Transportation.

If you receive another DUI conviction, you will only be eligible for another OLL once five years have passed.

Out-Of-State Driver Information

If you are not from Pennsylvania and are arrested for a DUI, your conviction will be shared with your home state. Whether or not you are convicted and face penalties will be determined by the state in which you reside.

Getting Your Driver’s License Reinstated In Pennsylvania

The first step in restoring your driver’s license in the state of Pennsylvania is obtaining a restoration requirements letter from the Pennsylvania Department of Transportation. It is important to procure this document as each DUI offender’s situation is different and specific requirements will vary. The letter will specifically detail exactly what you need to do to go about getting your license back.

The restoration requirements letter can be viewed here. If you choose to view your letter online, it is advised that your print a copy as the Pennsylvania Department of Transportation will NOT proceed with mailing you a copy.

However, if you decide NOT to view your letter online, it will be mailed to you 30 days prior to the date on which you will be eligible to apply for a new license.

Pennsylvania Department of Transportation Point System

A DUI conviction will result in receiving points on your driver’s license. If you receive too many points, your license will be suspended.

Driving with a suspended license

Driving with a suspended driver’s license is strictly prohibited in the state of Pennsylvania unless you have an Occupational Limited License. If you are caught driving with a suspended license, you may face a $1,500 fine or 60 – 90 days in jail and an additional one-year suspension.

Find Out How Our Attorneys Can Help You – Reach Out Today

Based in Lancaster, Chieppor & Egner LLC serves clients throughout the surrounding areas. To schedule your initial consultation, send us a message online or call 717-985-8358.