Mercer Administrative License Suspensions & Limited Driving Privileges

In Pennsylvania, the entity responsible for issuing license suspensions is the Bureau of Motor Vehicles (BMV), not the criminal courts. This is because a license suspension is considered a civil penalty, distinct from criminal consequences. The BMV may suspend your license for two primary reasons related to an DUI charge: refusing to undergo a chemical test to determine your Blood Alcohol Content (BAC), or having a BAC that tests above the legal limit.

License Suspension for Chemical Test Refusal

If you choose to refuse a chemical test, the duration of your license suspension will be determined by your prior record. A Mercer DUI lawyer can clarify the specifics for your situation.

• No Prior DUI or Refusal: If you have no previous DUI convictions and have never refused a chemical test before, your license will be suspended for one year.
• One Prior Refusal: If you have refused a chemical test on one previous occasion, the suspension period increases to two years.
• Two Prior Refusals: For individuals who have refused chemical tests twice in past arrests, the BMV will impose a three-year license suspension.
• Three or More Prior Refusals: If you have a history of three or more refusals, you will face a five-year license suspension.

License Suspension for Failing a BAC Test

If you consent to a chemical test and your BAC is found to be over the legal limit, the suspension periods are different.

• First Offense (No Prior Refusals): For a first-time offense where your BAC was above the legal limit, your license will be suspended for 90 days.
• One Prior Incident: If this has occurred once before, the license suspension extends to one year.
• Two Prior Incidents: Two previous instances of testing over the 0.08 percent BAC limit will result in a two-year license suspension. A Mercer criminal lawyer can help you navigate the complexities of repeat offenses.
• Three Prior Incidents: Three prior offenses will lead to a three-year license suspension.

Appealing an Administrative License Suspension

You have the right to appeal an administrative license suspension, but you must adhere to strict deadlines. A request for a hearing must be filed within thirty days of your arraignment, which is your first required court appearance. It is highly advisable to contact a Mercer DUI lawyer from the Logue Law Group as soon as you receive the suspension notice from the BMV. An experienced attorney can act swiftly on your behalf and provide representation at the hearing.

Can I Get Limited Driving Privileges While My License Is Suspended?

It is often possible to regain some driving privileges after serving a portion of your suspension. These limited privileges typically allow you to drive to and from specific locations, such as work, school, court hearings, and medical appointments. It is crucial to understand that you can only travel to these approved places.

Waiting Periods for BAC Test Failures

There are mandated waiting periods before you can apply for limited driving privileges if your license was suspended for failing a BAC test.

• 90-Day Suspension: You must serve a minimum of 15 days.
• 1-Year Suspension: You must serve a minimum of 45 days.
• 2-Year Suspension: You must serve a minimum of 180 days.
• 3-Year Suspension: If your license was suspended for three years due to four or more instances of testing over the limit, you are not eligible to request limited driving privileges. A Mercer criminal lawyer can confirm your eligibility based on your record.

Waiting Periods for Chemical Test Refusals

The rules are slightly different if your license was suspended for refusing a chemical test.

• 1-Year Suspension: You must serve 30 days before requesting limited privileges.
• 2-Year Suspension: The minimum time served is 90 days.
• 3-Year Suspension: You must serve one full year.
• 5-Year Suspension: The waiting period is three years.

Losing your ability to drive is one of the most disruptive consequences of an DUI, capable of creating a domino effect of negative outcomes. It can lead to job loss, housing instability, and difficulty caring for yourself and your family. A Mercer criminal lawyer can be an essential ally in this difficult time. Even restricted driving privileges are far better than none. You should always petition for the ability to drive for essential purposes. An experienced DUI lawyer from the Logue Law Group can assist you in getting back on the road. Call the Mercer DUI lawyer at 412.389.0805 for help.