Montgomery County DUI License Suspension Law
Pennsylvania DUI license suspension laws (75 Pa. C.S. § 3804) allow for license suspension upon the department receiving a certified record of your conviction.
Your license suspension may be 12 months or 18 months for repeat DUI offenses.
Montgomery County’s DUI laws and their respective suspension vary based on your BAC level. If you’re operating a vehicle and are not a professional driver, the legal limit of alcohol is 0.08%. Commercial drivers have a lower threshold and are held to a higher standard.
How Long Will Your License Be Suspended for DUI?
| 0.08 – 0.099% BAC | 0.10 – 0.159% BAC | 0.16% and higher BAC | |
| First offense | 0 | 12 months | 12 months |
| Second offense | 12 months | 12 months | 18 months |
| Third and subsequent offense | 12 months | 18 months | 18 months |
The DUI License Suspension Look Back Period
Prior offenses increase your license suspension timeline. If you have a prior conviction in the past 10 years, it will count against you.
For example, if you had a DUI conviction in Norristown or Abington from 2010, your DUI is considered a first offense. If you had a DUI two years ago, then it will count as a prior offense. The same goes for drugged driving convictions.
The Two Types of DUI License Suspensions in Montgomery County
In a Montgomery County DUI case, you may face two separate license suspensions—one from the criminal court and one from PennDOT that run on different timelines.
- Criminal Court Suspension: Imposed by the judge as part of a DUI sentence after a conviction or plea. Length depends on BAC tier and prior offenses; interlock typically follows restoration.
- PennDOT Administrative Suspension: Imposed by PennDOT without a criminal conviction for certain events (e.g., chemical test refusal, too many points, unpaid citations). Some actions take effect immediately, and you may have limited time to appeal or seek an Ignition Interlock Limited License (IILL).
PennDOT’s DUI Suspension Process
The PennDOT administrative suspension process is conducted by the same agency that administers your driving tests and oversees your licensing. Your license is a privilege, which PennDOT is quick to suspend in Montgomery County:
- DUI testing and refusal will result in an immediate suspension of 12 to 18 months, depending on your prior DUIs.
- Criminal convictions for a DUI, in which the court found you guilty of a DUI and are notified after the conviction rather than at the time of arrest. Official reports from the court will be submitted to PennDOT.
PennDOT has a lower burden of proof to suspend a license. For example, let’s assume that you were stopped in King of Prussia and refused a chemical test. Your refusal, under the implied consent law (75 Pa. C.S. § 1547), is immediate.
You can appeal your license suspension within 30 days, in most cases, to show that there were no grounds to suspend your license. Depending on the circumstances of your case, you may meet restricted driving privilege eligibility requirements.
OLL & IILL Restricted Driving Privileges in Montgomery County
First-time offenders may be eligible for a DUI restricted license in PA. Occupational Limited License (OLL) eligibility changed in 2017, disallowing even first-time offenders from receiving past benefits to:
- Serve 60 days of suspension
- Serve 12 months of an 18-month suspension with an ignition interlock device
OLL’s for an underage DUI may be granted in underage DUIs, but it is not a guarantee. You must apply by completing your Occupational Limited License Petition (form DL-15).
You may be eligible for an Ignition Interlock Limited License (IILL), under Act 33 of 2016, which is designed for anyone with DUIs or refusing chemical tests. Eligibility requires you to:
- Fill out PennDOT form DL-9108
- Pay a fee, which is one-half of the license restoration fee for refusing a chemical test
A certified ignition interlock installation by a local provider must be performed. To prove that you are sober, you will be required to blow into the device before driving. PennDOT will monitor your usage to verify that you’re abiding by the requirements.
Ignition Interlock Device for DUI in MontCo
Montgomery County ignition interlock requirements after DUI convictions are for a period of one year and are required for all DUIs, whether it’s your first or fourth time, on any DUI tier.
Installation must be performed by an approved vendor, including:
- Alcolock
- RoadGuard Interlock
- Intoxalock
- LifeSafer
If you tamper with the ignition interlock, your ignition interlock period is extended for 12 months from the date of the first conviction and then driving privileges will be suspended for 12 months for subsequent tampering.
An IILL is a great opportunity to restore your driving privileges. As your ignition interlock attorney in Montgomery County, we’ll seek every avenue to get you back on the road.
Driving on a DUI-Related Suspension in Montgomery County
If you’re charged with driving on a DUI-related suspended license, the consequences can be serious. Driving on DUI-related suspension penalties (75 Pa. C.S. § 1543(b)) include:
- Up to 6 years in prison
- Up to $2,500 in fines
- 1-year license suspension
These penalties are in addition to those you may be facing from the original DUI conviction. Multiple convictions could lead to you receiving the Habitual Offender designation under 75 Pa. C.S. § 1542.
Expert legal counsel is crucial to protecting your driving privileges. A license suspension DUI lawyer in Montgomery County PA will fight to get the charges reduced to a lesser charge or eliminated entirely.
SR-22 Insurance & Post-DUI Premium Increases
SR-22 is a certificate of insurance that verifies that the driver has the minimum required auto insurance mandated by the state.
Pennsylvania is one of many states that does not require an SR-22 to get your license reinstated. Although you’re not required to have SR-22 insurance for a Pennsylvania DUI, you may still need this certificate if you received a DUI in another state that requires it.
An SR-22 filing can mark you as a high-risk driver, significantly increasing your car insurance premiums. Some drivers see their premiums double or triple.
License Reinstatement in Montgomery County After a DUI
Once your license suspension period is complete, you can take steps to get your license reinstated. The process can be complicated and lengthy. A Montgomery County driver’s license reinstatement attorney can speed up the process and help you navigate each step.
Here’s how to get a license reinstated after a DUI suspension in PA:
- Complete the suspension period. Depending on the severity of the DUI and whether you have prior offenses, your license may be suspended for 12-18 months.
- Receive a license restoration requirements letter from PennDOT. This letter outlines your eligibility date to apply for restoration and the steps you need to take to be eligible for reinstatement.
- Complete all of the reinstatement requirements. These requirements will depend on your insurance status and the severity of the charges. They may include court-ordered programs such as Alcohol Highway Safety School.
- Pay any license reinstatement fees or fines that are owed. These include court fines and PennDOT penalties ($70) to reinstate your license.
- Submit your license reinstatement application online, by mail or in person.
- Renew your vehicle registration if necessary at your local Service Center.
- Install an IDD if required.
Failing to complete all of the court-ordered requirements, incomplete documentation and failing to pay all fines and fees can delay reinstatement.
What a Montgomery County DUI License Suspension Lawyer Can Do For You
Losing your driving privileges is more than just an inconvenience; it affects your ability to earn a living and take care of your family. At Fienman Defense, we help clients who have had their licenses suspended due to a DUI or DUI testing refusal or have been charged with driving on a DUI-suspended license.
Our DUI License suspension lawyers can assist with:
- PennDOT hearing representation. You have a limited window of time to appeal your suspension. We’ll be by your side every step of the way and challenge issues, including the legality of the traffic stop or whether the officer had reasonable suspicion to request a chemical test.
- Restricted license applications. We’ll help you navigate the complex process of getting your license reinstated.
- Defending against driving on suspension charges. We’ll fight to get your charges reduced and explore all avenues to minimize the impact on your life and future.
Attorney Michael H. Fienman is among the top 1% of attorneys who have received the same training that police officers get on SFST protocols. He knows that Standardized Field Sobriety Tests (SFSTs) are often administered incorrectly and can be used against you. He also knows how to expose errors and transform them into reductions or dismissals.
DUI License Suspension – Success Stories
- DUI-suspended license case withdrawn. One client was charged with driving on a DUI-suspended license and faced an additional 12-month license suspension, among other penalties. Attorney Fienman leveraged his extensive experience with license restoration procedures to get the client’s license restored. In court, Attorney Fienman negotiated with the Commonwealth to get the charges withdrawn entirely.
- DUI-suspended license charge reduced to a small fine. Another client was charged with driving under a DUI-suspended license. Attorney Fienman represented the client in court and amended the ticket to driving without a valid license.
FAQs About DUI License Suspension in Montgomery County
How Long is a License Suspension for DUI in Montgomery County, PA?
License suspension lengths will depend on your BAC at the time of your arrest and whether you have any prior DUIs. Lengths range from 6 months probation to 18 months for high BAC levels and previous offenses.
Can I Get a Restricted License After a DUI in Pennsylvania?
Yes, you may be eligible for a restricted license after a DUI. An Ignition Interlock Limited License (IILL) is available to those who have had their driving privileges suspended due to DUI violations. An IILL allows you to drive cars with ignition interlock systems if certain conditions are met. An attorney can guide you through this step.
What If You Drive On a Suspended License After a DUI in PA?
You face severe penalties if you drive on a suspended license after a DUI, including up to $2,500 in fines, 6 years in prison and a one-year license suspension. Prior convictions can escalate these penalties. It is critical to consult with an experienced driving on a suspended license lawyer in Montgomery County to explore your legal options.
How Much Does SR-22 Insurance Cost After a DUI?
Pennsylvania does not have SR-22 insurance filing requirements. However, drivers with a DUI may see an increase of $1,000 or more on their insurance policies.
Can DUI Suspension Be Reduced in Montgomery County?
Yes, in some cases. If this is your first offense, your license suspension may be reduced by entering the ARD program. To be eligible, you must not have caused serious injury or death because of the DUI. But if you were arrested with a high BAC or refused to submit to testing, you may not be eligible for the program.