If you have been arrested in Pennsylvania or New Jersey for DUI, first you need to call Scarpello & LaTour. There is no substitute for having an aggressive criminal defense firm on your side. If you are found not guilty, or your DUI is dismissed, your drivers’ license is safe.
Whether or not your license is suspended in Pennsylvania because of a DUI charge can be complicated. Pennsylvania’s Department of Transportation sets the rules for license suspensions depending on (1) Your BAC (blood alcohol content), and (2) Whether this is your first, second, or possibly third DUI charge.
There are 2 tiers of BAC that factor into a DUI license suspension. The first tier, high rate, is for a BAC between .10 and .16 (the legal limit in Pennsylvania is .08). If your BAC falls in this tier and it is your first or second DUI, you are facing a 12 month license suspension. Your third? Its eighteen months.
The second tier, called highest rate, is for a BAC above .16 or if there is a controlled substance (illegal or prescription drugs) in your system. First offense is a 12 month suspension, otherwise the suspension is 18 months.
Now even if the police don’t have breathalyzer evidence or a blood draw, or if you refuse to submit to chemical testing (which triggers its own suspension, a topic for another time), you can still be charged with a DUI in Pennsylvania under the general impairment section of the DUI law. If you are charged with DUI, general impairment, and its your first DUI, congratulations, there is no license suspension. Otherwise, the suspension is 12 months.
Some good news. Pennsylvania offers an ignition interlock license. What that means is even is your drivers’ license is suspended because of a DUI conviction in Pennsylvania, you may be eligible to install an ignition interlock system in your car. This device will allow you to continue to drive even as your serve the license suspension.