Have you been charged with Driving under DUI Suspension? If your Pennsylvania driver’s license is suspended or revoked, and you are caught driving, you could be facing serious penalties.
To convict someone of driving on a suspended license, the government must prove the following elements:
- You were driving your motor vehicle on a highway or trafficway in Pennsylvania
- Your license has been suspended, revoked, or canceled and not been restored
- You had actual notice of the suspension
“Actual notice” means they must provide evidence that Penndot mailed you notice of suspension. If you are facing a charge for driving with a suspended, revoked, or canceled license, it is important that you get help from a criminal defense lawyer as soon as possible.
If you drive after authorities suspend, revoke, or cancel your license, you directly violate the suspension, which could result in serious consequences if you get caught.
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Here’s how to tell if you should be charged with Driving under a DUI suspended license and subject to the harsher penalties:
Title 75 § 1543 of Pennsylvania’s Motor Vehicle Code is the law regarding “driving while [a person’s] operating privilege is suspended or revoked.” A § 1543(b) (driving while DUI Suspended) citation applies to those who’s operating privileges have,
- has been suspended, revoked or canceled due to a DUI offense and is currently serving the driving suspension
- been suspended, revoked or canceled due to a condition of acceptance of Accelerated Rehabilitative Disposition
- refusing to submit to chemical testing as part of a DUI arrest. Section 1543(b) applies and is considered suspended until a person’s driving privileges have been restored.
What are the penalties for Driving under a DUI Suspended License
The punishment for this driving under DUI suspension are:
- First Offense: 60 days in jail and a $500 fine
- Second Offense: 90 days in jail and a $1000 fine
- Third or subsequent offense: at least 6 months in jail and a $2,500 fine
75 Pa.C.S.A. § 1543 (b) (1.1) – More severe penalties will be imposed if a driver has a DUI-suspended license and is caught with a blood alcohol concentration of at least .02 percent, has any controlled substances in their system, or refuses to submit chemical testing on suspension.
Enhanced Penalties for being intoxicated while Driving with a DUI Suspended License
Any person who has a BAC equal to or greater than .02% at the time of testing or who at the time of testing has in his blood any amount of a Controlled Substance, or its metabolite or at a time when the person’s operating privilege is suspended or revoked relating to DUI shall face penalties as follows,
- First Offense: 90 days in jail and a $1000 fine
- Second Offense: At least 6 months in jail and a $2500 fine
- Third or subsequent offense: At least 2 years in jail and a $5,000 fine for a third offense.
How A Pennsylvania Criminal Defense Attorney Can Help
Many drivers make the mistake of thinking that they can drive after 12 months of suspension. After serving your suspension, you become eligible for reinstatement, but you must complete the steps to reinstate your license, which include installing an ignition interlock device in repeat DUI cases.
If you find yourself facing charges under Section 1543 B, it’s crucial to consult with an experienced attorney who specializes in traffic and DUI offenses. They can help you understand your rights, build a defense strategy, and potentially negotiate a plea bargain to minimize the impact on your life. Call The Shelton Firm today at (717) 823-0899 or contact us here to find out how we can help to get your life back to normal.