State College Driving Under Suspension DUI-Related Lawyer
Many people make a bad decision and drive while under the influence, and a DUI case often results in a license suspension. Regrettably, some people get caught driving while suspended OR they drive before they restore their driving privileges. The law states that a suspension is DUI-related until the person serves the suspension AND restores the license, which means having the physical Pennsylvania license in their hands. For out-of-state license holders, they must pay to restore their Pennsylvania driving privileges, and the Pennsylvania Department of Transportation (PennDOT) will send a letter confirming that the privileges have been restored. Driving privileges are NOT restored or reinstated simply because the suspension time has ended. The person
MUST follow the steps required by PennDOT to restore the driving privileges. For more information about restoring driving privileges, check out this page.
Penalties Driving Under Suspension DUI-Related
Many people do not realize the severe penalties associated with Driving Under Suspension when the suspension is DUI-related. In many situations, the penalty for Driving Under Suspension is more severe than the initial DUI charge that caused the suspension. A conviction of driving under suspension DUI-related in violation of section 1543(b)(1) carries a mandatory minimum sentence of:
- 1st Offense – summary offense, 60 to 90 days in jail, $500 fine
- 2nd Offense – summary offense, not less than 90 days in jail, $1,000 fine
- 3rd and Subsequent Offenses – 3rd degree misdemeanor, minimum 6 months in jail, $2,500 fine
If a person is Driving Under Suspension DUI-related and had a blood alcohol concentration of at least .02 percent OR has any amount of a Schedule I drug or non-prescribed Schedule II or III controlled substances, then the person is likely to be charged with Driving Underage suspension under 1543(b)(1.1). A conviction of this law carries a mandatory minimum sentence of:
- 1st Offense – summary offense, 90 days in jail, $1,000 fine
- 2nd Offense – 3rd degree misdemeanor, 6 months in jail, $2,500 fine
- 3rd and Subsequent Offenses – 1st degree misdemeanor, 2 years in jail, $5,000 fine
Additional License Suspension
A conviction of Driving Under Suspension in violation of section 1543(b) will result in an additional suspension of driving privileges. The length of the suspension is based upon whether the person’s license or driving privileges were suspended or revoked. If the person’s driving privileges were under suspension at the time of driving, the person receives an additional one-year suspension of driving privileges. If the driving privileges were revoked and not just suspended, then PennDOT will impose a two-year additional suspension for the Driving Under Suspension conviction.
If you are charged with Driving Under Suspension DUI-related, you should contact an experienced defense attorney, such as State College criminal defense lawyer Jason S. Dunkle for a free consultation. Call JD Law office at (814) 954-7622 or contact us via email.