Charges for Driving With a DUI Suspended License

Being charged with driving on a DUI-suspended license in Pennsylvania is a serious offense that can carry significant penalties, including jail time, heavy fines, and an extended license suspension. If you’re facing this charge, the situation may be even more complicated if you’re dealing with multiple DUI prosecutions, whether in the same county or across different counties.

At Fienman Defense, we provide a strategic and nuanced approach to handling these cases, helping you navigate the complexities of DUI law and the policies of different jurisdictions.

What Happens When You Drive on a DUI Suspended License?

If your license has been suspended due to a DUI conviction, it is illegal to drive, and doing so can result in further criminal charges.

In Pennsylvania, driving on a DUI-suspended license can be a third degree misdemeanor and carries the following maximum penalties:

  • Jail Time: Up to 6 yearsin prison
  • Fines: Up to $2,500
  • License Suspension: 1-year suspension

There are escalating penalties for driving on a DUI suspended license. In other words, if you have a prior conviction for driving on a suspended license “DUI Related,” the penalties become even more severe including  higher fines and more time in jail.

DUI Suspended License Penalties

If you are convicted of driving on a DUI-suspended license, the consequences can be severe:

  • First Offense:
    • Jail Time: 60 days to 6 months
    • Fine: $500 to $1,000
    • License Suspension: 1-year suspension
  • Second Offense:
    • Jail Time: 90 days to 6 months
    • Fine: $1,000
    • License Suspension: 1-year

These penalties are in addition to any you may face from the original DUI conviction, meaning the stakes are high. If you are facing these charges, a seasoned attorney can help reduce or dismiss charges by carefully examining the arrest process.

Defending Against DUI Suspended License Charges

There are several ways to defend against charges of driving on a DUI-suspended license, including:

Challenge the Stop

Police must have a valid reason to stop you based on reasonable suspicion of illegal activity. If the stop was conducted without proper legal justification, any evidence gathered as a result may be excluded from your case, potentially leading to a dismissal of charges.

Question the Suspension

Sometimes, errors in the suspension or reinstatement process can lead to wrongful suspensions. If such errors are present, your attorney may be able to challenge the suspension. 

No Knowledge of Suspension

In some cases, drivers may not know their license has been suspended. If you didn’t receive proper notice of the suspension, a skilled DUI lawyer can investigate whether this defense applies to your situation, possibly weakening the prosecution’s case.

Emergency Circumstances

This could be a valid defense if you were driving in an emergency, such as seeking medical help or avoiding harm. In some cases, demonstrating that you were acting out of necessity can lead to a reduction in charges or a more favorable resolution.

What to Do if You Are Charged With Driving on a DUI Suspended License

If you are pulled over for driving on a DUI-suspended license, it’s important to follow these steps:

  • Do Not Admit Guilt: Politely decline to answer questions and ask for an attorney.
  • Cooperate with Law Enforcement: Provide your license, registration, and insurance as required, but avoid making any statements that could incriminate you.
  • Contact an Attorney: Contact a Philadelphia criminal defense attorney immediately to protect your rights.

Facing DUI Charges in Multiple Counties

If you are facing DUI charges in multiple counties, it’s crucial to recognize that each jurisdiction has its own policies, sentencing guidelines, and practices that can impact your case.

County-Specific Sentencing Approaches

Different counties in Pennsylvania can have vastly different approaches to sentencing. For instance:

  • Montgomery County (MontCo): This county often allows house arrest for DUI offenders, which can be a favorable option for those eligible.
  • Chester County: Chester County tends to impose jail time on most DUI offenders, making defense more challenging.
  • Bucks County: For residents, Bucks County generally follows a similar approach to MontCo, but non-residents may face incarceration.
  • Delaware County: Delaware County tends to impose jail time on most DUI offenders, making defense more challenging.

Strategic Considerations for Multiple DUI Cases

Having an attorney familiar with these county-specific nuances can make a significant difference. I work closely with clients to develop a tailored strategy, taking into account:

  • County-Specific Policies: Each county’s unique approach to sentencing plays a major role in handling your case.
  • The Judge’s Approach: Understanding how the assigned judge handles DUI cases is key in predicting potential outcomes.
  • Plea Deals & Reduced Sentences: Knowing when and how to pursue plea deals or reduced sentences based on the county’s practices.

Serious DUI Offenses: DUI Homicide, Reckless Endangerment, and Aggravated Assault by Vehicle

In addition to DUI suspended license charges, my practice also focuses on more severe DUI offenses, including DUI homicide, reckless endangerment, and aggravated assault by vehicle (REAP).

These are some of the most serious DUI charges you can face, and they carry the potential for long prison sentences and severe fines, especially if someone is injured or killed due to impaired driving.

Prioritizing Charges and Resolving Cases Effectively

Understanding these factors allows us to prioritize certain charges and navigate the legal process more effectively. My goal is to resolve cases in a way that minimizes the impact on your life and helps you achieve the best possible outcome.

 Certified in Standardized Field Sobriety Tests (SFSTs)

As a criminal defense attorney certified in Standardized Field Sobriety Tests (SFSTs), I have the specialized knowledge to identify potential errors in DUI arrest procedures that may lead to a favorable outcome for you. This certification allows me to evaluate evidence with a trained eye, focusing on details that others might miss.

Personal Evaluation of SFST Video Footage

Rather than relying on outside experts to analyze the evidence, I personally review the SFST video footage from your arrest. This hands-on approach enables me to spot inconsistencies and errors in the testing process, which can form the foundation of a strong defense strategy. 

Collaborating with Experts for a Comprehensive Defense

In addition to my SFST expertise, I collaborate with accident reconstruction specialists and other experts in related fields. This collaboration ensures that every aspect of your case is thoroughly examined, including factors that might not be immediately obvious.

Challenging the Prosecution’s Evidence

Working with experts allows us to challenge the accuracy of the prosecution’s evidence. By identifying weaknesses in their case, we improve the chances of reducing or dismissing the charges, ultimately leading to better client outcomes.

Why Choose Fienman Defense?

With extensive experience in DUI defense, I understand how serious these charges are and how crucial it is to have the right legal support. At Fienman Defense, I am committed to providing:

  • Strategic Defense: I use my knowledge of DUI laws and county-specific policies to develop your case’s most effective defense strategy.
  • Expert Analysis: I am certified in SFSTs and work with experts to examine every aspect of your case, from field sobriety tests to accident reconstructions.
  • Focused Representation: I am dedicated to fighting for the best possible outcome for my clients, whether that means negotiating for reduced charges or taking your case to trial.

Call Fienman Defense today at (215) 987-4302 for a free consultation.

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.

DUI Suspended License Charges in PA FAQs

What Happens if I’m Caught Driving on a DUI Suspended License?

If you’re caught driving with a DUI-suspended license in Pennsylvania, it can result in serious consequences. In addition to the original DUI-related suspension, you can face criminal charges for operating a vehicle while your license is suspended. Penalties typically include jail time, fines, and an extended suspension of your driving privileges. 

Can I Be Charged With DUI While Driving on a Suspended License?

Yes, you can be charged with DUI in addition to driving on a DUI-suspended license if you are found to be impaired while driving. If you are pulled over and suspected of driving under the influence of alcohol or drugs, even though your license is already suspended, you can face additional DUI charges. This can result in increased penalties and complicate your legal situation significantly.

What Are the Penalties for a DUI Suspended License Conviction?

A conviction for driving on a DUI-suspended license can lead to severe penalties. For a first offense, you may face a mandatory 60 to 90-day jail sentence, fines, and an extended suspension of your driver’s license. Repeated offenses can result in longer jail sentences, higher fines, and additional license suspension.

In some cases, there may also be other consequences, such as probation or community service. The penalties increase with each subsequent offense.

Can I Get My License Back After a DUI Suspension?

Yes, you may be able to reinstate your license after serving the suspension period, but it’s not always straightforward. After the suspension ends, you must apply for reinstatement with the Pennsylvania Department of Transportation (PennDOT).

This process may involve paying a reinstatement fee, providing proof of insurance, and completing any required alcohol education programs or treatment.

Can I Fight DUI Suspended License Charges?

Yes, you can fight DUI suspended license charges with the help of a qualified attorney. Several defenses may apply to your case, including challenges to the validity of the suspension itself or errors in handling your case. In some cases, an attorney can work to have charges reduced or dismissed or negotiate for a plea deal that minimizes the penalties.

Take Control of Your DUI Suspended License Case. Call Fienman Defense.

Don’t let a DUI suspended license charge dictate your future. With Attorney Fienman’s specialized knowledge, hands-on experience, and strategic approach to defending DUI cases in Pennsylvania, you can count on dedicated support every step of the way. We’ll challenge the charges, explore your legal options, and work toward the best possible resolution for your case.

Call (215) 987-4302 or email advice@philadelphiacriminalattorney.com to discuss your case today.