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,
The cops charged me for DUI and took my license. When can I get it back?
Under Pennsylvania law, an officer is permitted to confiscate the license of only those motorists whose license is suspended and previously ordered surrendered. There are no “on-the-spot” suspensions. In Pennsylvania, all suspensions are conviction based, except refusals to take a chemical test for blood alcohol content. So, if you have not been convicted, then they cannot take your license unless it has been previously ordered surrendered.
If the police have indeed taken you license outside of the laws explained above, you should call a qualified DUI Lawyer who can examine the situation and highlight any wrong doing that may have taken place.
If you would like to ask a question, please submit it via the contact us link.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Carol says:
Is this currently still the same? The same thing happened to me a few days ago and I’m trying to find out if it’s automatically suspended. I’ve never been arrested before and I tried calling the police station but got no response.
Justin J. McShane says:
Yes. A police officer cannot confiscate your license simply by accusing you of a DUI unless your license was already suspended.