Summary of Pennsylvania's Administrative
Driver's License Suspension Law
ADDITIONAL CIVIL PENALTY
An additional civil penalty is required by statute.
This is the loss of operating privilege for one year per conviction.
CHEMICAL TESTING
( Breath / Blood )
Implied Consent / Refusal
(75 Pa.C.S. § 1547)
Under Pennsylvania Law, any person who holds an
operator's license within Pennsylvania, and is in actual physical
control of the movement of a motor vehicle shall be deemed to have
given implied consent to one or more chemical tests of breath, blood,
or urine, if an officer has reasonable grounds to believe the person
had been driving, operating or was in actual physical control of
the movement of a motor vehicle while impaired. If a driver refuses,
he/she will have their license suspended for 12 months and 3 days
mandatory incarceration. If they are subsequently convicted of the
DUI charge, the suspension will be in addition to the suspension
for the DUI conviction. A person is not entitled to have an attorney
present for this particular test.
Please note, that a license refusal is a civil
matter, resulting in license suspension only, not incarceration.
However, if caught operating a motor vehicle while under suspension,
you will be charged with 75 § 1543(b), resulting in a 60-day mandatory
incarceration, $500.00 fine, and an additional one year suspension.
O'Connell Warning (Implied Consent
Warning)
Implied consent warnings are only to inform the
operator of the requirement to take a test of breath, blood, or
urine. The operator has the ability to refuse, however, this refusal
will result in a one year loss of operating privileges. This action
may be appealed directly to a civil trial, but appeal must be filed
and served within 30 days of operator's notice from Pennsylvania
Department of Transportation. If appeal is unsuccessful at the Common
Pleas level, operator may appeal to Commonwealth Court.
Surrendering of License
An operator is under an affirmative duty to forward
the actual license and/or affidavit (DL-16 Form) to assure acknowledgment.
Failure to comply with this duty shall result in non-credited suspension
time by Pennsylvania Department of Transportation (PennDot).
Restoration Fees
Prior to completion of suspension infraction, operator
should receive a restoration of privilege letter from PennDOT. Accompanying
this correspondence is a mandatory restoration of 25.00. Failure
to tender payment will result in non-restoration of driving privileges,
despite the fact that operator has served suspension term. Operator
must realize that the suspension continues to run until fee is paid.
Payments should be made by checks only.
DRIVERS LICENSE COMPACT
Pennsylvania recognizes DUI or similar convictions
with allied states in the Drivers License Compact.
In 1958, Congress gave states permission to enter
into a compact to help promote safe driving. Congress, however,
repealed the legislation in 1966. States joined the compact before
it was enacted, while it was in effect and after it was repealed.
Pennsylvania joined the compact in 1996. Presently it has been upheld
as being constitutional and effective, wherefore, Pennsylvania gives
full faith and credit to another state's conviction, and upholds
Pennsylvania's penalties.
If Pennsylvania has a "substantially similar"
offense as the convicting state, Pennsylvania Department of Transportation
will enforce the penalty of Pennsylvania. The maximum penalty will
be enforced, regardless of your eligibility for Accelerated Rehabilitative
Disposition (ARD), or the citing state's disposition. These matters
may be appealed within a specified time limit, as indicated by notice
from Pennsylvania Department of Transportation.
The major provisions of the Driver's License Compact (DLC) are:
"One driver license" concept
Requires surrender of an out-of-state driver's
license when application for a license in another state is made.
"One driver record" concept
Requires that a complete driver record be maintained
in the driver's state of residence to determine driving eligibility
in the home state, as well as for his nonresident operator's privilege
in other jurisdictions
Reporting of all traffic convictions, suspensions,
revocations
All traffic convictions and license suspension/revocations
of out-of-state drivers to the home state licensing agency, as
well as other appropriate information
Uniform and predictable treatment of drivers
Out-of-state drivers receive same treatment in
their home, as if the offense had occurred there.
The following offenses, if committed in a member
state, would be treated as though the offense had occurred in Pennsylvania,
and the appropriate sanction would be imposed under the provisions
of the Vehicle Code:
-
Manslaughter or negligent homicide resulting
from the operation of a motor vehicle (§ 3732)
-
Driving a motor vehicle while under the influence
of alcohol or controlled substance (§ 3731)
-
Failure to stop and render aid in the event
of a motor vehicle accident resulting in the death or personal
injury of another (§ 3742)
-
Any felony committed while using a motor
vehicle (Crimes Code and Dangerous Drug Act Offenses).
Note: Additional offenses in member
states may carry penalties in Pennsylvania that are not listed above.
PROBATIONARY LICENSE FAQs
Q: WHAT IS A PROBATIONARY LICENSE?
A: A Probationary License (PL) is a Class
C (Non-Commercial) driver's license issued once in a lifetime
to an individual whose Pennsylvania driving privilege has been suspended
or revoked for five or more years. This license authorizes driving
a non-commercial vehicle between 6:00 am and 7:00 pm. The Department
will consider additional hours upon request. A PL cannot be used
to drive a commercial vehicle, motorcycle or moped.
Q: Can anybody who is suspended qualify?
A: No. To qualify for a PL, you must have
served and consecutively earned credit toward a portion of your
suspension/revocation period and your driving record must be free
of driving offenses to demonstrate that you have not driven during
the minimum period of suspension/revocation. This minimum period
(from 3 to 6 years) is determined by the number of violations
that caused the current suspension/revocation of your driving privilege.
In addition, any outstanding citations, judgments, examinations
or hearings must first be satisfied. A person who has not surrendered
a driver's license or affidavit (DL-16 Form) will not receive credit
for past suspension time.
Q: HOW MUCH OF MY SUSPENSION/REVOCATION TERM
MUST I SERVE BEFORE I AM ELIGIBLE TO APPLY?
A: Generally, a person with 1 to 7 violations
must have earned credit for at least a 3 year term of suspension
or revocation; 8 to 14 violations require that credit be earned
for at least a 4 year period; 15 to 21 violations require that credit
be earned for at least a 5 year period; and 22 or more violations
require that credit be earned for at least a 6 year period.
Q: I NEVER HELD A PENNSYLVANIA DRIVER'S LICENSE.
CAN I QUALIFY?
A: No.
Q: DOES A DUI OR DUI RELATED OFFENSE DISQUALIFY
ME?
A: Maybe. If you have been convicted of
DUI, granted ARD for DUI, or suspended for refusal to submit to
chemical testing within the preceding 7 years, you are not eligible
for a PL until the 7 years have passed. If you have ever been
convicted of homicide by vehicle or homicide by vehicle while
DUI, you are permanently prohibited from obtaining a PL. Note, conviction
is synonymous with plea negotiations.
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