Upon conviction for driving under the influence (DUI) in Pennsylvania, your driver’s license is automatically suspended. Unlike other states, there is no separate administrative hearing to contest your license suspension. Your options are to fight the DUI or apply for an occupational limited license.
Losing your driving privileges is inconvenient and humiliating. If you cannot afford to lose your license for employment reasons or other hardship, the attorneys of Bentley, Gibson, Kopecki, Smith, P.C., can explain your rights and remedies. We have helped clients retain their driving privileges by successfully challenging the underlying DUI charges. We have also guided clients through the legal system to obtain restricted driving permission or to reinstate a suspended license after a DUI incident.
License Suspension For Driving Under The Influence
PennDOT may impose the following driver’s license sanctions for DUI-related circumstances, depending on blood alcohol content (BAC) and other factors:
- BAC below .10 percent — no suspension on first offense (but 12-month suspension for a second or subsequent DUI)
- BAC between .10 and .16 — 12 months on first offense (or 18 months for subsequent offenses)
- BAC of .16 or higher — 12 months on first offense (18 months for subsequent offenses)
- Refusal of blood or chemical test — 12 months on first offense (18 months for subsequent refusals)
- Commercial driver’s license (.04 BAC) — 12 months for first offense, lifetime disqualification on second offense
- School bus drivers (.02 BAC) — 12 months on first offense (18 months for subsequent)
- Under-21 DUI (.02 BAC) — 12 months on first offense for any alcohol in one’s system (18 months for subsequent offenses)
Because of the lengthy suspension without recourse, it may be necessary to fight your DUI. Our attorneys are skilled at challenging the prosecution’s facts and the methods employed by law enforcement to cast doubt on the charges. This may result in a dismissal or reduction that in turn spares your driver’s license, but if not, we are ready and able to take your case to trial.
|Ignition Interlock For Repeat Offenders
To prevent drunk driving by people with substance abuse issues, Pennsylvania law requires installation of an ignition interlock after any second or subsequent offense within a 10-year period. You will not be allowed to drive for any reason until the interlock device is installed on all owned or leased vehicles of the household.
Limited License (Work Permit)
On a first-offense DUI, you may be eligible for an occupational limited license (OLL) after serving 60 days of suspension. This allows you to drive to work, school, medical appointments and other necessary travel sanctioned by the court. If your license is suspended for 18 months, you may be eligible for an OLL only after serving 12 months of suspension and only with an ignition interlock.
Our attorneys can help you with issues relating to a limited license, interlock violations, suspended license violations or driver’s license reinstatement after the suspension period. We can also appeal to PennDOT for an OLL or interlock hardship exemptions.
Contact Our Experienced Defense Attorneys
The only way to fight license suspension is to fight the DUI itself. This is where our experienced trial lawyers excel.
To explore your options, call our DUI defense team at 610-685-8000 or (toll free) 888-320-7928, or email us, to schedule your free 30-minute initial consultation. We have offices in Wyomissing, Lancaster and Lebanon, and we can visit clients at the jail.