If you are facing a driving under the influence (DUI) charge in Pennsylvania, you are facing several serious consequences. Depending on the circumstances of your case, this could include loss of your driving privileges. Under Pennsylvania law, driver’s license suspensions in DUI cases can range from 12 to 18 months, and they come with financial costs and various practical challenges as well.

With this in mind, if you are facing a DUI in Pennsylvania, protecting your right to drive is just one of several reasons why it is important to fight your case by all means available. Even if your driver’s license isn’t at risk in your current DUI case, it will be at risk if you get arrested for driving under the influence again. First-time DUI offenders face fines, probation, mandatory ignition interlock device (IID) installation, and other penalties as well—and all of these risks make it well worth putting an experienced Philadelphia DUI defense attorney on your side.

Driver’s License Suspensions in Pennsylvania DUI Cases

Whether you are facing a driver’s license suspension after a DUI arrest in Pennsylvania depends on three key factors: (i) your blood alcohol concentration (BAC); (ii) your prior record (if any); and, (iii) whether you complied with the Commonwealth’s “implied consent” law.

Your BAC and Your Prior Record (if Any)

Under Pennsylvania law, there are three categories of DUI offenses: (i) general impairment; (ii) high BAC; and, (iii) highest BAC. The category of DUI you are facing determines the base penalties you are facing. If you have a prior DUI (or multiple prior DUIs) on your record, your prior record will play an important role in determining what is at stake in your DUI case as well.

You can be charged with a general impairment DUI if your BAC is between 0.08% and 0.99% or if you refuse to provide a BAC sample. You can be charged with a high BAC DUI if your BAC is between 0.10% and 0.159%, and you can be charged with a highest BAC DUI if your BAC is 0.16% or above.

The potential driver’s license suspensions for each category of DUI are as follows:

General Impairment (0.08% to 0.99% BAC or No BAC Reading)

  • First Offense: No driver’s license suspension
  • Second Offense: 12-month driver’s license suspension
  • Third or Subsequent Offense: 12-month driver’s license suspension

High BAC (0.10% to 0.159% BAC)

  • First Offense: 12-month driver’s license suspension
  • Second Offense: 12-month driver’s license suspension
  • Third or Subsequent Offense: 18-month driver’s license suspension

Highest BAC (0.16% or Above BAC)

  • First Offense: 12-month driver’s license suspension
  • Second Offense: 18-month driver’s license suspension
  • Third or Subsequent Offense: 18-month driver’s license suspension

If this is your first DUI, you may be eligible to apply for an Occupational Limited License (OLL) after 60 days. As its name suggests, an OLL allows you to drive so that you can get to work, but it does not allow you to drive for other purposes. If this is your second DUI and you are facing an 18-month driver’s license suspension, you may be eligible to apply for an OLL after a year. In this scenario, you would also be required to install an IID in your vehicle.

Your “Implied Consent” Violation

If you failed (or refused) to comply with Pennsylvania’s “implied consent” law during your DUI arrest, this can lead to a driver’s license suspension as well. This is true regardless of whether your BAC would have been over the legal limit, and it is true regardless of whether you may have any other defenses to your DUI in court. Under the Commonwealth’s “implied consent” law, failing (or refusing) to provide a BAC sample can result in:

  • First Offense: 12-month driver’s license suspension
  • Second Offense: 18-month driver’s license suspension
  • Third or Subsequent Offense: 18-month driver’s license suspension

Regardless of why your driver’s license is suspended, driving on a suspended license also has serious consequences under Pennsylvania law. For a first offense, driving on a suspended license can lead to fines ranging from $500 to $1,000 and a jail sentence of 60 to 90 days. For a second offense, you can face up to a $2,500 fine and six months of jail time.

Protecting Your Ability to Drive After a DUI Arrest in Pennsylvania

Let’s say you are facing a DUI in Pennsylvania (and perhaps also a charge for an “implied consent” violation). What can you do to protect your ability to drive?

While the answer to this question depends on the specific circumstances of your case, generally speaking, your options may include:

Request a PennDOT Hearing

If you are facing a driver’s license suspension under Pennsylvania’s “implied consent” law, you will need to promptly request a hearing before the Pennsylvania Department of Transportation (PennDOT). You can then have your DUI defense attorney represent you at your PennDOT hearing and assert all available defenses on your behalf.

Fight Your DUI in Court

If a DUI conviction could lead to a driver’s license suspension in your case, you can also rely on your DUI defense attorney to represent you in court. There are several potential defenses to DUI charges in Pennsylvania, and your attorney will be able to fight your DUI by all means available.

Seek Pre-Trial Diversion

If you are eligible for pre-trial diversion, you may be able to avoid the consequences of a DUI conviction without going to court. Your attorney can determine if you are eligible; and, if you are, your attorney can guide you through the process if this is your best option.

Seek a Plea Bargain if Necessary

In some cases, seeking a plea bargain may be the best approach. If avoiding consequences entirely is not realistic under the circumstances of your case, your attorney can focus on negotiating a plea bargain that protects your driver’s license and minimizes any other consequences of your DUI arrest.

Schedule a Free Consultation with Philadelphia DUI Defense Attorney Brian Fishman

If you are facing a DUI in Pennsylvania, we encourage you to contact us promptly so that we can help. To schedule a free consultation with Philadelphia DUI defense attorney Brian Fishman as soon as possible, call 267-758-2228 or tell us how we can reach you online now.