A driver’s license is an important aspect of a busy life – it gets people to work and school, but also allows for running errands, visiting family members and contributing to society. Given its importance, most people think of a driver’s license as a right. However, a driver’s license is not a right – it is actually a privilege. Under Pennsylvania law, the DMV can suspend, revoke or cancel that privilege for many reasons. When facing suspension, a defendant has the right to a hearing to fight against cancellation or fight for the reinstatement, of driving privileges. An experienced West Chester license suspension attorney can help you do just that.
If you’ve had your driver’s license suspended due to a traffic violation, DUI test refusal or another reason in Chester County or the surrounding areas in Lancaster, Montgomery, Delaware, or Berks County, it’s important to contact a qualified license suspension attorney to make a strong case for reinstatement of your license.
Michael J. Skinner is a dedicated defense lawyer and founder of Skinner Law Firm. He will fight hard for the reinstatement of your driving privileges as well as protect your future from other DUI-related consequences. Your first consultation at Skinner Law Firm is free, so call (610) 436-1410 today.
Any person who drives on any road in Pennsylvania impliedly gives consent to some form of chemical testing to determine impairment, such as by alcohol or drugs. Under 75 Pa.C.S § 1547, any person who drives, operates, or is in actual physical control of the movement of a vehicle has given his or her consent to one or more chemical tests of alcoholic or controlled substance content in his or her blood, breath, or urine when the law enforcement officer has reasonable cause to believe DUI is involved. It does not matter if the driver is licensed in another state.
If you refuse this testing, it will not be administered. However, the officer will then notify the PennDOT. Once PennDOT receives notice of a refusal, your driver’s license privileges will be suspended for one year. You have the right to fight the suspension. However, you must appeal to the Court of Common Pleas within 30 days of the correspondence with PennDOT. It is during this 30 days – and only during this 30 days – you have the opportunity to exercise your right to a license suspension hearing.
In order to appeal your PennDOT license suspension for DUI test refusal, you must file an appeal with the Court of Common Pleas in the county the refusal occurred in. This must happen within 30 days of the mail date listed on the suspension notice from PennDOT. It will be the responsibility of PennDOT to prove the following based on preponderance of evidence:
The administrative license suspension by PennDOT will be revoked if it cannot prove the above. Even if PennDOT is able to prove all of the above, there may be certain defenses available – such as a medical condition which prevented testing, immediate retraction of a refusal or that the refusal was not a knowing refusal.
If a license suspension is upheld, a defendant can appeal the PennDOT DUI test refusal license suspension to the Commonwealth Court. An experienced Chester County DUI defense attorney can help guide you through the whole process and fight for your driving privileges.
Don’t just give into PennDOT’s one-year license suspension after refusing a BAC test for DUI in West Chester, Delaware County, and Montgomery County. Fight for your driving privileges and your future by contacting Mike Skinner of Skinner Law Firm today. Remember, you only have 30 days to appeal. Set up your free consultation now by calling (610) 436-1410.