License Suspension Procedure in Pittsburgh

Having your driver’s license suspended can be a confusing and stressful experience. In Pennsylvania, the process can be initiated in two distinct ways, each with its own set of rules and procedures. Understanding these differences is the first step toward effectively addressing the situation and working to get your driving privileges back.

Two Paths to License Suspension in Pennsylvania

Your driver’s license can be taken away either through a court decision following a criminal case or directly by the Pennsylvania Bureau of Motor Vehicles (BMV) in an administrative action.

• Court-Ordered Suspension: This happens after you are convicted of a specific crime.
• Administrative BMV Suspension: The BMV can suspend your license through its own process, separate from a criminal court case.

Several situations can trigger these suspensions. Common reasons include being convicted of driving under the influence (DUI), getting more than 12 points on your driver’s license within two years, or refusing to take a chemical test (like a breathalyzer) when an officer suspects you of a DUI. The strategy for challenging your suspension will depend on which of these two paths led to it. Navigating this legal landscape without professional help is challenging. Seeking advice from a qualified Pittsburgh criminal lawyer can make a significant difference. At Logue Law Group, our experienced attorneys provide the guidance you need to contest your license suspension effectively.

License Suspension by the Pennsylvania BMV

The Pennsylvania BMV can suspend your license under several specific circumstances, even without a court conviction. This is known as an Administrative License Suspension (ALS).

Your license can be suspended if:

• You refuse to submit to a chemical test after being arrested for a DUI.
• Your Blood Alcohol Concentration (BAC) is .08% or higher during a lawful traffic stop.
• You cannot show proof of auto insurance when pulled over.
• You are uninsured and cause a car accident.
• You accumulate 12 or more points on your license from traffic violations over a two-year period.

Because an ALS is a civil administrative procedure, it is handled differently than a suspension resulting from a criminal charge. To challenge this type of suspension, you will need a Pittsburgh criminal lawyer who has experience dealing directly with the BMV.

A knowledgeable Pittsburgh DUI lawyer can help you navigate this specific process.

How You Receive Notice of a Suspension

When you receive an Administrative License Suspension during a traffic stop, the notice is immediate. The police officer will take your license and give you a copy of BMV Form 2255, which details the ALS. You must stop driving right away. You have 30 days from your arraignment date to appeal and ask for your criminal charges to be dismissed.

If your license is suspended for having 12 or more points, the BMV will mail you a letter. This letter will state that your license is being suspended and will specify the start and end dates of the suspension period. You must file your appeal before the suspension start date.

How Long Does an Administrative Suspension Last?

The length of an ALS is determined by a classification system ranging from Class F to Class A.

• Class F: This is the least severe and typically lasts until specific conditions are met.
• Class E: This suspension lasts for three months.
• Class A: This is the most severe, with a suspension period of three years.

The duration of your suspension will also depend on your driving record and any prior suspension history.

Fighting an Administrative License Suspension

It is crucial to act quickly and file an appeal as soon as you are notified of a suspension. Whether you were notified during a traffic stop or received a letter in the mail, do not delay in contacting your attorney in Allegheny County.

If you are facing an ALS from the BMV while also dealing with criminal charges, your Pittsburgh criminal lawyer will represent you in both the civil (BMV) and criminal proceedings. It is important to understand that even if you win your ALS appeal, you could still lose your driving privileges if you are convicted of the criminal charges. However, if the criminal charges are dropped or you are found not guilty, your attorney can work to have your license reinstated immediately.

Obtaining Limited Driving Privileges

Even with a suspended license, you may be able to regain limited driving rights. After a mandatory “hard suspension” period, your Pittsburgh criminal lawyer can petition the court or the BMV for a restricted driver’s license. This special license would allow you to drive for essential purposes, such as traveling to and from work, school, medical appointments, and court-ordered treatment programs.

Contact a Pittsburgh DUI Lawyer Today

If you are facing a license suspension, the team at Logue Law Group is here to help. Our skilled Pittsburgh DUI lawyer can guide you through the process, fight to protect your driving privileges, and help you get back on the road. Call now at 412-387-6901 or contact us online to schedule a consultation.