Driving on a suspended license is never a good idea – but when the suspension is due to a DUI conviction or refuse to take a chemical test of blood or breath, the consequences in Pennsylvania are even more severe. Driving on a DUI suspension in PA can result in mandatory jail time, steep fines, and an extended suspension period.
If you’ve been caught driving on a DUI suspension in Pennsylvania, a skilled DUI defense attorney will develop legal strategies to pursue a reduction of your penalties.
Legal Penalties for Driving on a DUI-Suspended License in Pennsylvania
Under Pennsylvania law, it’s illegal for anyone to drive with a suspended or revoked license. A first non-DUI suspended driving violation results in a $200 fine. However, penalties increase significantly if the suspension is due to a DUI-related offense.
If you’re caught driving on a DUI-suspended license, penalties include an additional one-year driving license suspension and may also include:
- First Offense – $500 fine and 60-90 days in jail
- Second Offense – $1,000 fine
- Third or Subsequent Offense – Misdemeanor charge, $2,500 fine, and at least six months in jail
However, if you had a blood alcohol content (BAC) of 0.02 percent or higher or you had controlled substances in your system, penalties are even more severe and include an additional one-year driving license suspension and may also include:
- First Offense – $1,000 fine
- Second Offense – $2,500 fine and at least six months in jail
- Third or Subsequent Offense – First-degree misdemeanor, $5,000 fine, and at least two years in jail
Some penalties may not be enforceable due to current case law. This makes it all the more important to consult a DUI defense lawyer if you have been charged.
Possibility of Avoiding Jail Time
Penalties for driving on a DUI-suspended license are often mandatory – if you’re convicted, you will spend 60 days to two years in jail. However, with the help of an experienced criminal defense attorney, you may be able to negotiate case dismissal or reduced charges. Additionally, you may be able to serve your jail time with an electronic monitoring system rather than being in jail.
There are two main defenses to these charges. First, your lawyer could argue that you were not actually operating the vehicle. Driving on a DUI-suspended license requires you to be in physical control of the vehicle. A judge will consider the full scope of the circumstances, such as whether the engine was running, the vehicle’s location, and related factors.
Second, a conviction requires that you receive notification of the suspension. For example, did the DOT mail a notice of suspension to your listed address? Is there any evidence that you acknowledged this suspension? Did you follow the procedures to reinstate your license after the suspension was over? Depending on your case, your attorney may argue that you never received the notice.
A lawyer can also negotiate with the prosecution to reduce your charges. Depending on your criminal history, they may be amenable to charging you with a lesser offense.
Get Help from a Pennsylvania DUI Defense Attorney
If you’ve been charged with driving on a DUI-suspended license, talk to the seasoned criminal defense attorneys at McCormick & Vilushis LLC. Working with a knowledgeable attorney is the best way to build a defense and potentially avoid incarceration. Call us at 814-455-5362 or fill out our contact form for a consultation.