Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about Pennsylvania DUI laws and related topics. Today:
Dear Pennsylvania DUI Lawyer,
My license was suspended for one year and even though that time has passed I am still waiting to receive by licenses back. Can I start driving again?
In Pennsylvania, if your driving license is suspended as a result of a DUI or a DUI-refusal, then you may not drive until you physically get your driver’s license back. It is not a defense that your finite period of suspension has ended and you could have had your license. If you don’t physically have your driver’s license back and you are convicted or plead guilty to a Driving Under Suspension-DUI related offense, you could face not only additional loss of license, but the very real possibility of jail.
The following provisions apply if your conviction is related to DUI and/or your license is continuously suspended from events that originally were from a conviction related to a Pennsylvania DUI, these provisions also apply for convictions for Driving Under Suspension-Driving Under the Influence Related:
- You may not drive a vehicle on the roadways of the Commonwealth until you physically have an operator’s license. Applying for an operator’s license is not being in possession of a valid driver’s license.
- If you are convicted of driving a motor vehicle on the roadways of the Commonwealth of Pennsylvania while your license is suspended or revoked for Driving After Imbibing, Driving Under the Influence or Driving Under Suspension-DUI related, the first offense will carry a $500 fine and mandatory jail time of 60-90 days. (Note: These are very severe penalties, please contact a qualified Pennsylvania DUI lawyer if you are facing these charges.)
- If you are found driving while your license is suspended or revoked for Driving After Imbibing, Driving Under the Influence or Driving Under Suspension-DUI related and you have a BAC over .02 the penalties become more severe. the first offense will carry a $1,000 fine and mandatory jail time of at least 90 days.
If you have any questions about the statutes related to driving under a suspended license-DUI related or if you or a loved one is facing any of these charges, please call 1-866-MCSHANE to speak to a qualified Pennsylvania DUI lawyer.
If you would like to ask a question, please submit it via the contact us link.