Many Pennsylvania drivers assume they can only lose their license after a driving under the influence (DUI) conviction. In reality, the Pennsylvania Department of Transportation (PennDOT) can suspend or revoke driving privileges for several different reasons, including certain criminal convictions, unresolved traffic citations, chemical test refusals, repeat traffic violations, and administrative violations.
The traffic crimes lawyer with our law firm explains which charges can affect your operating privileges and how some suspensions begin quickly and may lead to additional penalties if not properly addressed.
Pennsylvania Laws That Can Lead to License Suspension or Revocation
Pennsylvania’s vehicle code includes several statutes that allow PennDOT to suspend or revoke a person’s driver’s license after certain convictions, refusals, or administrative violations.
75 Pa. C.S.A. § 1532: Suspension Following Certain Convictions
Under 75 Pa. C.S. § 1532, PennDOT may suspend a driver’s operating privileges after certain traffic-related or criminal convictions. In many situations, the suspension begins after the court reports the conviction to PennDOT.
The statute includes both one-year and three-year suspension provisions depending on the offense involved.
A one-year suspension may apply to convictions involving:
- Certain drug-related offenses
- Fleeing or attempting to elude law enforcement
- Reckless driving in certain situations
- Racing on highways
- Using a vehicle in the commission of certain felony offenses
- Hit and run accident involving property damage or injury
- Certain fraudulent vehicle or title offenses
A three-year suspension may apply to more serious offenses involving death or significant bodily injury, including:
- Homicide by vehicle
- Homicide by vehicle while DUI
- Aggravated assault by vehicle
- Aggravated assault by vehicle while DUI
Some offenses under this section may also carry separate criminal penalties, including incarceration, fines, probation, or additional suspension periods under other sections of Pennsylvania law. In cases involving multiple convictions or prior offenses, drivers may face longer suspension periods or additional PennDOT consequences.
75 Pa. C.S.A. § 1533: Failure to Respond to a Citation or Summons
Under 75 Pa. C.S.A. § 1533, PennDOT may suspend a driver’s operating privileges when the driver fails to properly respond to or resolve a traffic citation or summons related to a Pennsylvania Vehicle Code violation.
A suspension may occur when a driver:
- Fails to respond to a traffic citation
- Fails to appear in court after receiving a summons
- Fails to pay fines, costs, or restitution ordered by the court
- Fails to comply with a payment agreement approved by the court
Before PennDOT imposes the suspension, the court must provide the driver with a written notice. The notice must inform the driver that the citation or summons remains unresolved, and failure to act within 30 days may result in a license suspension.
The statute also addresses situations involving financial hardship. Under the inability-to-pay provisions, a driver may avoid suspension if the court determines that the person is financially unable to immediately pay the fines, costs, or restitution owed.
In those situations, the court may allow:
- Installment payment plans
- Community service in place of payment
- Additional time to satisfy the obligation
Section 1533 also applies in some out-of-state situations involving reciprocal agreements between Pennsylvania and other states. If a Pennsylvania driver fails to respond to out-of-state traffic citations covered by an enforcement agreement, PennDOT may suspend the driver’s operating privileges until the matter is resolved.
75 Pa. C.S.A. § 1543: Driving While Suspended or Revoked
Under 75 Pa. C.S.A. § 1543, a person commits an offense if they drive a motor vehicle while their operating privileges are suspended or revoked.
The penalties under this law depend on why the license was suspended in the first place.
If the suspension is unrelated to DUI, a conviction under § 1543 is generally treated as a summary offense. A driver may face additional fines and an extended suspension period.
The penalties become much more serious when the underlying suspension relates to:
- A DUI conviction
- A refusal to submit to chemical testing
- An offense involving controlled substances
In those situations, Pennsylvania law may require:
- Mandatory jail sentences
- Additional fines
- An additional one-year license suspension
The law also increases penalties for repeat violations. A driver with prior convictions for driving while suspended may face longer jail sentences and higher fines.
75 Pa. C.S.A § 1547: Implied Consent and Chemical Test Refusals
Under 75 Pa. C.S.A. § 1547, Pennsylvania drivers are deemed to have given implied consent to chemical testing when law enforcement has reasonable grounds to believe the person drove under the influence of alcohol or controlled substances.
Chemical testing may include:
- Breath testing
- Blood testing
- Urine testing
If a driver refuses to submit to chemical testing after a lawful DUI arrest, PennDOT will impose a license suspension separate from the criminal DUI case itself.
For a first refusal, PennDOT may impose a 12-month license suspension. If the driver has a prior DUI offense or prior refusal, the suspension may increase to 18 months.
The law also requires officers to warn drivers that refusing chemical testing may result in:
- A license suspension
- Enhanced DUI penalties if convicted
- Additional legal consequences under Pennsylvania DUI laws
A refusal may also affect the grading and penalties associated with the DUI case. In some situations, prosecutors may pursue enhanced penalties similar to those associated with the highest DUI tier.
Also, a driver can face a suspension under § 1547 even if the DUI charge itself is later reduced or dismissed because the PennDOT suspension process and the criminal DUI case are separate proceedings.
75 Pa. C.S.A § 3804: DUI Penalties and License Consequences
Under 75 Pa. C.S.A. § 3804, Pennsylvania imposes DUI penalties based on several factors, including a driver’s blood alcohol content (BAC), prior DUI offenses, whether controlled substances were allegedly involved, and whether the driver refused chemical testing.
Pennsylvania uses a tiered DUI penalty system that generally includes:
- General impairment offenses (BAC from 0.08 to 0.099%)
- High-rate blood alcohol content offenses (BAC from 0.10 to 0.159%)
- Highest-rate blood alcohol content offenses (BAC from 0.16 or higher), DUI allegations involving controlled substances, or certain chemical test refusal cases
The penalties increase substantially as the DUI tier and the number of prior offenses increase.
For example, a first-offense general impairment DUI may not result in a license suspension if no accident or aggravating factor is involved. However, a first-offense high-rate or highest-rate DUI may lead to:
- A 12-month license suspension
- Mandatory fines
- Alcohol Highway Safety School
- Probation
- Possible jail exposure
Second and third DUI offenses carry significantly harsher penalties under § 3804. Depending on the circumstances, drivers may face:
- Mandatory jail sentences
- Multi-year license suspensions
- Thousands of dollars in fines
- Mandatory drug and alcohol treatment
- Ignition interlock requirements
- Extended probation periods
Pennsylvania law also imposes enhanced penalties when:
- A driver refuses chemical testing
- Controlled substances are allegedly involved
- A minor was present in the vehicle
- The DUI allegedly caused an accident involving injury or death
Again, a driver’s operating privileges are not automatically restored once the suspension period ends. Before legally driving again, the driver must satisfy PennDOT restoration requirements.
Resolving the Charges and Addressing License Issues
When a person faces charges that could affect their license, resolving the underlying legal issue is often only part of the process. Drivers may also need to address PennDOT requirements before their operating privileges can be restored.
Depending on the situation, this could involve:
- Completing a suspension period
- Paying restoration fees
- Resolving outstanding citations
- Satisfying court obligations
- Meeting ignition interlock requirements
- Providing proof of insurance or compliance documentation
Some drivers may qualify for limited driving privileges in certain circumstances, though eligibility depends on the type of suspension and the driver’s record.
Talk to McKenzie Law Firm, P.C. About License Suspension Charges
McKenzie Law Firm, P.C. represents clients throughout Montgomery County, Chester County, Bucks County, and Delaware County in criminal and traffic-related matters. Attorney David McKenzie is a former prosecutor who works with clients facing DUI charges, suspended license allegations, and other offenses that may affect their ability to drive.
Contact McKenzie Law Firm, P.C. to discuss your situation and learn more about your legal options.
