SUMMARY OF DRIVERS' LICENSE SUSPENSION LAW

IMPLIED CONSENT/REFUSAL OF CHEMICAL TESTING

Under Pennsylvania Law, any person who holds an operator's license within Pennsylvania, and is in actual physical control of the movement of a motor vehicle shall be deemed to have given implied consent to one or more chemical tests of blood, breath or urine if an officer has reasonable grounds to believe the person had been driving, operating or was in actual physical control of the movement of a motor vehicle while impaired.

If a driver refuses, they automatically have their license suspended for 12 months, regardless of the ultimate outcome of their DUI charge.

Further, that suspension is in addition to any suspension as a result of a DUI conviction. A person is not entitled to have an attorney present for the chemical test.

A chemical test license refusal is a civil matter resulting in license suspension only, not incarceration. However, if caught operating a motor vehicle while DUI suspended, you will be charged with 75 Pa. C.S.A. § 1543 (b) which carries mandatory incarceration and an additional license suspension.

SURRENDERING OF LICENSE

An operator has an affirmative duty to forward the actual license and/or affidavit (DL-16 Form) to assure acknowledgement. Failure to comply with this duty shall result in non-credited suspension time by Penndot.

RESTORATION FEES

Prior to completion of a suspension, the operator should receive a restoration letter from Penndot. With this letter is a mandatory restoration fee of $25.00. Failure to pay this fee will result in a non-restoration of driving privileges, despite having served the suspension time. The operator needs to realize that the suspension continues until the fee is paid.

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