DiCindio Law LLC | July 22, 2020 | DUI
DUI With an Expired or Suspended License in Pennsylvania
If people receive license suspensions for refusing a chemical test or a DUI, they cannot drive until they receive their physical drivers’ licenses back. If you are caught driving before you have received your license back after a DUI or refusal, you could face another license suspension and time in jail.
If you are charged with a DUI with an expired or suspended license in Pennsylvania, you will face charges for both the DUI and the driving on a suspended license. At DiCindio Law, we are prepared to defend people who are facing these types of charges and understand how to present a strong defense for our clients.
What is a DUI-related suspension?
A suspension of your driving privileges is considered to be DUI-related if your driving privileges were suspended after you were convicted of the offense or accepted alternative rehabilitative disposition. You can also be charged with driving with a DUI-related suspension if your driving privileges were suspended for refusing a chemical test or for a previous conviction for driving under a DUI-related suspension.
If your driving privileges are suspended for one of these reasons, your suspension will continue to be considered to be DUI-related until you restore your license.
If your license is suspended, you must surrender your physical driver’s license. You will not be able to drive again until you receive your physical license back. Some people think that they can start driving again as soon as the suspension period ends. However, it is not a defense to a driving under suspension charge that the time had expired if you do not have your physical license.
What are the penalties for driving with a DUI-related suspension?
If you are charged with driving with a DUI-related suspension, you might not realize the seriousness of the penalties if you are convicted. Under 75 Pa.C.S. § 1543(b)(1), a conviction for driving under a DUI-related suspension is a summary offense. However, a first conviction will result in a sentence of jail from 60 to 90 days and a fine of $500.
You will also face a further suspension of your driving privileges. If you are convicted of this offense a second time, you will face a minimum sentence of 90 days in jail and a fine of $1,000. A third conviction for driving with a DUI-related suspension will be a third-degree misdemeanor carrying a minimum of six months in jail and a fine of $2,500.
The penalties will be more severe if you are caught driving with a DUI-related suspension and any of the following situations apply:
- You have a BAC of 0.02% or higher
- You have any amount of schedule I drug or a Schedule II or III drug without a prescription
- You refuse to submit to a chemical test
If you are convicted for driving with a DUI-related suspension in one of these situations, a first conviction will result in a mandatory minimum sentence of 90 days in jail and a fine of $1,000. A second offense will be a third-degree misdemeanor with a minimum of six months of incarceration and a fine of $2,500.
If you are convicted for a third offense, it will be a first-degree misdemeanor with two years in jail and a fine of $5,000.
A conviction for driving under a DUI-related suspension will also result in a longer suspension of your driving privileges. If your driving privileges were suspended when you were caught driving, you will receive another year’s suspension. If your driving privileges were revoked at the time that you were caught driving, your additional suspension will be for two years.
DUI with a suspended license
If you are charged with a DUI while you were driving with a DUI-related suspension, you will be charged with both offenses. You will face the more severe penalties as described above for driving under a DUI-related suspension with a BAC of 0.02% or higher or for refusing a test. You will also face the penalties associated with the DUI itself.
If you are convicted for both offenses, you can expect to receive penalties for each. The penalties for a DUI conviction will depend on your BAC level and whether you have any prior offenses.
Penalties for driving on a suspended license that is not DUI-related
If you are charged with driving on a suspended license that is not DUI-related, the penalties are not as severe. It is a summary offense carrying a fine of $200. If you are charged with a DUI while driving on a suspended license when the suspension was not DUI-related, you will face the penalties for the regular driving under suspension charge and the DUI.
Contact Our DUI Law Firm in West Chester, PA
If you are facing a charge of driving with a DUI-related suspension or a DUI charge while you were driving with a suspended license, you should get legal help as soon as possible. At DiCindio Law, Michael DiCindio is an experienced criminal defense lawyer and former prosecutor who knows how these types of charges are prosecuted.
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
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