One of the penalties imposed in a Pennsylvania DUI case involves the suspension of a person’s driver’s license. There are some basic facts that a motorist needs to bear in mind when it comes to a DUI case and his or her driver’s license.
First DUI
The first time a person is convicted of driving under the influence, that individual does not face a driver’s license suspension if his or her blood alcohol content is at the level of general impairment. If the BAC is in the high impairment zone, that individual will face a driver’s license suspension of one year.
Second DUI
When charged with a DUI a second time in Pennsylvania, a driver faces a license suspension of one year. This holds true for both general or high impairment levels.
Third DUI
A third DUI charge results in a one year driver’s license suspension for general impairment. On the other hand, a person will receive an automatic license suspension of 18 months for high impairment upon a third DUI conviction.
Refusing to Submit to Chemical Test
The refusal to participate in a chemical test (Breathalyzer or blood draw) results in an automatic driver’s license suspension of one year on the first offense. On the second and third offenses, this increases to an 18 month term of suspension. Keep in mind that the suspension for refusal to take the test is in addition to any suspension that arises from a conviction for driving under the influence.
As an aside, when a person obtains a Pennsylvania driver’s license, he or she tenders what is known as implied consent for this type of sobriety testing. This is the reason an automatic suspension of driving privileges is possible in the commonwealth.
Below is the form police should read to you regarding the above-referenced implied consent obligation:
Retain Legal Counsel
The best way to protect all rights and interests in a DUI case is to retain legal counsel promptly. A Pennsylvania DUI attorney such as David C. McKenzie III will schedule an initial consultation with a person charged with DUI at no charge to that individual.
