Will a DUI Conviction in Pennsylvania Result in the Suspension of My Driver's License, and If so, for How Long?
Arrested and charged with a DUI in Harrisburg or elsewhere in Pennsylvania? Your license could be at stake. A DUI conviction in Pennsylvania almost always triggers a driver’s license suspension. The length of the suspension will depend on a number of different case-specific factors, including your prior history of drunk driving offenses or lack thereof. Here, our DUI defense lawyer in Harrisburg explains the key things to know about convictions and driver’s license suspensions in Pennsylvania.
Your License Will Be Suspended for a DUI Conviction (Know the Statutory Authority)
The Commonwealth of Pennsylvania explains that driver’s license suspensions for DUI convictions are governed primarily by 75 Pa.C.S. § 3804 (Penalties) and § 3807 (Accelerated Rehabilitative Disposition). Further, the Pennsylvania Department of Transportation’s (PennDOT) administrative authority under § 1532(b) is relevant as well.
A suspension for a conviction is likely. The length of suspension depends on the grading of the offense, the blood alcohol concentration (BAC) level, and whether the offender has prior DUI convictions within the applicable 10-year “look-back” period.
What to Know About the Driver’s License Suspension for First-Time DUI Offenses
For a first offense DUI under § 3802(a)(1) (general impairment, no accident, no refusal), there is no mandatory suspension if the offender’s BAC is below 0.10 percent, unless the offense involves refusal of chemical testing or a crash with injury. With that being said, some suspension is still reasonably common in these cases. For a BAC between 0.10% and 0.159%, the statutory suspension is 12 months.
Note: DUI refusals also carry an automatic license suspension in Pennsylvania. It will happen at the administrative level. PennDOT will impose an automatic 12-month suspension for a first refusal. To be clear, that suspension is in addition to any criminal suspension.
There are Enhanced Suspensions for Repeat DUI Offenses in Pennsylvania
Pennsylvania imposes more severe administrative consequences for second and subsequent DUI convictions within the statutory look-back period. A second DUI with a BAC of 0.10 % and 0.159% results in a 12-month suspension. Beyond that, a BAC of 0.16% or higher or controlled substance offenses require an 18-month suspension. The same 18-month period applies to any chemical test refusal on a second or subsequent DUI. For a third or subsequent DUI, BAC and refusal penalties follow the highest tier (18 months) and may be compounded by extended suspension terms if additional driving offenses occur during a period of revocation. If you have a prior DUI on your record, you could face a lengthy suspension of your driving privileges if you are convicted of a DUI again. You need a lawyer.
Contact Our Harrisburg, PA, DUI Defense Lawyer Today
At The Hoover Firm, LLC, our Harrisburg DUI defense attorney is committed to protecting the rights of clients. If you or your loved one was arrested and charged with a DUI, please do not hesitate to contact us today. We are here to help you save your driver’s license and protect your rights. With an office in Harrisburg, we defend DUI charges throughout the region in Central Pennsylvania.