Summary of Pennsylvania's Administrative
Driver's License Suspension Law

An additional civil penalty is required by statute. This is the loss of operating privilege for one year per conviction.

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:

1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle (§ 3732)

2. Driving a motor vehicle while under the influence of alcohol or controlled substance (§ 3731)

3. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another (§ 3742)

4. 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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The Law Offices of David M. Manilla, Esquire
P.O. Box 70 • 2060 Valley Forge Road
Worcester, Pennsylvania
Toll Free: 1-877-PENN DUI (1-877-736-6388)
Phone: (610) 584-0364
Fax: (610) 584-9595

"Our representation begins where standard legal education ends."
Currently with greater advanced training than any DUI Defense attorney in Pennsylvania.