ekatherine.stamatis@lawrank.com | July 19, 2021 | DUI

DUI Arrest with No Valid Driver’s License in Chester County, PA

In Pennsylvania, many people are arrested for driving under the influence each year. While a DUI is a commonly charged offense, a conviction carries serious consequences. Depending on your BAC and your driving record, being convicted of a DUI can also result in the loss of your driving privileges.

While having your license suspended might be inconvenient, if you continue to drive during the suspension period, you could face even more severe penalties.

If you are facing charges of driving while your license is suspended for a DUI or are arrested for a DUI while your license is suspended for a different reason, you should talk to a Chester County PA DUI lawyer at DiCindio Law as soon as possible.

If you are convicted of these types of offenses, you could face mandatory time in jail, stiff fines, and a longer suspension period for your license. Driving with a license that was suspended after a DUI conviction or because you refused chemical testing can result in severe penalties.

If you are charged with a DUI when your license was expired or when you never had a license, you will also face charges for driving without a license on top of your DUI offense.

Restoration of Your Driving Privileges Following the Completion of a Sentence

Some people mistakenly believe that their licenses are automatically restored as soon as they complete their DUI sentences and the period of suspension. However, this is not true. You must instead apply to have your license restored before you can drive again in Pennsylvania.

If you fail to do so or try to drive during the suspension period, you can face additional charges and fines as well as a longer period of suspension.

If you have completed the requirements of the Accelerated Rehabilitative Disposition program or your DUI sentence, you will be eligible to apply for your license to be reinstated. This does not happen automatically. If you drive on a suspended license or without a valid license, you will face more penalties.

To reinstate your license after your suspension, you must submit a form and pay a reinstatement fee to the Pennsylvania Department of Transportation. You will need to wait to receive your license from the state before you start driving again. Until the suspension is lifted, you cannot drive. Unless you apply to have your license reinstated, your license will be under an indefinite period of suspension.

Penalties

Under 75 Pa.C.S.1543, the penalties you might face for driving while your license is suspended for a DUI-related offense will depend on your record. For a first offense, a conviction will result in the following potential penalties (the penalties/law involved in 1543(b) cases is currently in flux as of June 2021):

  • Summary offense
  • Fine of $500
  • Potential of Mandatory jail ranging from a minimum of 60 days to 90 days

For a second conviction, you will face the following penalties:

  • Summary offense
  • $1,000 fine
  • Minimum of 90 days in jail

If you are convicted of this offense for a third time, you will face the following penalties:

  • Third-degree misdemeanor
  • $2,500 fine
  • Mandatory six months in jail

If you are charged with driving while your license is suspended for a DUI and have a controlled substance or alcohol in your system, you will face more severe penalties. If you have a BAC of 0.02% or higher, you will face the following penalties for a first offense:

  • Summary offense
  • Minimum sentence of 90 days in jail
  • $1,000 fine

If you are convicted of driving on a DUI-related suspended license with alcohol or drugs in your system a second time, you will face the following penalties:

  • Third-degree misdemeanor
  • $2,500 fine
  • Six to 12 months in jail

Finally, if you are convicted of this offense as a third conviction, you will face the following penalties:

  • First-degree misdemeanor
  • $5,000 fine
  • From two to five years in jail

In addition to these penalties, you will also face another period of suspension. If your license was suspended, canceled, or recalled on the date of your stop and arrest, your license will be suspended for another 12 months. If your license was revoked, the additional suspension period will be two years.

If you are charged with a DUI, you will also face the penalties for your DUI offense in addition to the above-listed penalties for driving on a suspended license. The penalties for your DUI will depend on your BAC and the number of convictions on your record. Any periods of suspension will be consecutive, meaning that one suspension will not start until the previous one ends.

The serious penalties for DUIs and driving while your license is suspended mean that it is not worth it to drive while your license is suspended or while you are impaired by alcohol or drugs. It is much safer and simpler to call for a ride from Uber or Lyft or to use public transportation than to take a risk.

If you are facing these types of charges, you should seek help from a DUI lawyer in Chester County immediately to try to protect yourself and your license.

How do I Find a Criminal Defense Attorney near Me?

DUI and driving under suspension charges should never be taken lightly. These types of charges can result in severe penalties and the loss of your license for months or years. If you are facing charges, you should retain an experienced defense lawyer as soon as possible. You do not want to leave your future to chance.

Hiring an attorney at DiCindio Law to defend against your charges might help you to protect your license and your freedom.

Michael DiCindio is an experienced criminal defense lawyer who has experience as a former prosecuting attorney. He understands how the police and prosecutors handle these types of cases and can use that knowledge to build a strong defense.

Contact Our DUI Law Firm in West Chester, PA

If you are facing criminal charges and need legal help, contact the West Chester, PA DUI lawyers at DiCindioLaw, LLC to schedule a free initial consultation.

DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
(610) 430-3535

***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney-client relationship between you and the publisher. The above-listed information does not include the entire criminal code, annotations, amendments, or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case.***