When a person is arrested for driving under the influence, he or she could face immediate consequences, like having driving privileges suspended or revoked.

This often is one of the hardest parts of getting a DUI because it creates issues with employment and education. However, there are options and ways you can keep your license. The first step is to contact an experienced and local Chester County DUI lawyer to handle the process and fight to keep you on the road.

Call (610) 436-1410 today or contact Skinner Law Firm online to set up a free and confidential consultation.

When a person is arrested for a DUI, the police often ask they submit to a chemical test. Under Pennsylvania law, the Department of Transportation Driver and Vehicle Services can suspend or revoke your driving privilege for many reasons, including violating the implied consent law.

Implied consent is a legal concept related to DUI that has been adopted in several states. Under implied consent, any time a person drives, operates or is in actual physical control of a vehicle, he or she agrees to a chemical test of his or her blood, alcohol or urine.

When a person refuses to take the test, the officer then will document the refusal and send it to the Department of Transportation. From that point, you driver’s license will be suspended 30 days after the correspondence. The suspension for a first refusal could last up to a year.

DUI License Penalties & Reinstatement

It is important to understand the process of reinstating your driving privileges because drivers only are allowed 30 days to request a license suspension hearing. It is at the hearing the driver and his or her attorney can make a case as to why he or she should retain driving privileges.

To appeal, drivers must file an appeal with the Civil Trials Division of the Court of Common Pleas in the county in which the refusal occurred. The appeals process will require forms and a filing fee, much like a criminal court. If your hearing is granted, PennDOT will need to prove:

  • The officer had reasonable cause for a stop
  • The officer had reasonable cause to believe the driver was intoxicated
  • You refused a chemical test after an officer asked you submit to one
  • The officer read your O’Connell warnings
  • The arrest was valid

Your administrative suspension could be revoked if these things cannot be proven. If they are, there still may be defenses to argue your defense. However, even if your administrative suspension is overturned, you still could face criminal penalties.

DUI convictions carry severe penalties, including a driver’s license suspension. If it is a first offense, a person only may be faced with an administrative suspension. A second or third DUI could mean a one-year suspension, plus administrative penalties.

Ignition Interlock Devices

In certain cases, a person convicted of a DUI may be eligible to have an ignition interlock device installed in their vehicle. This is a machine to measure the alcohol content in a driver’s breath before his or her vehicle will start. The ignition interlock device will not permit a car to start if the device detects alcohol. It also measures a driver’s blood alcohol concentration at random intervals while driving and will shut down a moving vehicle if it detects alcohol.

Contact Skinner Law to Keep Your License

However, the best way to avoid having your driving privileges revoked is to avoid a DUI conviction. A skilled Chester County DUI defense attorney can work with you at the beginning of the case and help you build a strong defense against the charges. Protecting your future is important, and the Skinner Law Firm understands that.

Call (610) 436-1410 today or contact Skinner Law Firm online to set up a free and confidential consultation.

Article Author

Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.

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