The Pennsylvania Department of Transportation (PennDot) suspends a persons driver's license after conviction for a D.U.I. or for a refusal to submit to chemical testing. Each person who drives in the state of Pennsylvania is deemed to have given his or her consent to chemical testing upon a lawful request. Refusal to submit to chemical testing carries a driver's license suspension of at least 1 year. For more information go to my website at Pittsburgh DUI Attorney
Pennsylvania DUI driver's license suspensionsare handled by the Pennsylvania Department of Transportation (PennDot). The Department has the authority to suspend or revoke the driver's licenses and driving privileges of those arrested for DUI. Driver's License suspensions are not imposed by a criminal trial judge. A report of your conviction is sent to PennDot by the court and PennDot determines the suspension.
If you are arrested for DUI in Pennsylvania, your license will be suspended if you refuse to submit to a breath/blood test or if you provide a chemical test result of .08 or higher. Upon conviction, the Criminal Court Judge is required to send to PennDot a form detailing your conviction. PennDot then determines your suspension period and notifies you, usually within 4-6 weeks of conviction. The Criminal Court Judge does not have any ability change the term of your driver's license suspension which is determined solely by PennDot. There are no harship exceptions as PennDot applies the law equally to everyone.
Implied Consent Law- Each person who drives in the state of Pennsylvania is deemed to have given his/her consent to one or more chemical tests of their breath, blood, or urine upon a lawful request. A request is considered lawful where the police have reasonable grounds to believe the person was driving, operating, or in actual physical control of the movement of a vehicle while under the influence of controlled substances and/or alcohol. Failure to comply with a lawful request will be considered a "refusal." The fact that you refused to take a test will be admissible against you in court as evidence of your guilt.
Once placed into police custody, a Pennsylvania DUIsuspect must be read his/her implied consent rights if a chemical test is going to be requested. The implied consent rights inform individuals of the consequences of their refusal so that they may make an inform decision of whether or not they wish to take the test. Failure of the police to advise suspects of their implied consent rights may become an issue that will affect the admissibility of the test results or evidence of refusal.
CONSEQUENCES OF CHEMICAL TEST REFUSAL
Pennsylvania DUI law requires additional penalties to be imposed upon DUI suspects who refuse to submit to chemical test analysis. Refusals carry an automatic suspension of your driver's license or privilege to drive within the state for a period of 1 year, or 18 months if you previously refused chemical testing. The driver's license suspension that flows from your refusal is in ADDITION to whatever suspension may be ordered by the court as part of your sentence in your criminal DUI case. The Arresting Police Officer is generally responsible for sending a report to PennDot, informing them of your alleged refusal to submit to chemical testing. PennDot will then, within a few weeks, send to you a letter informing you of your driver's license suspension.
STATUTORY APPEALS HEARING
Although your driver's license is said to be automatically suspended for 1 year upon your refusal to submit to a chemical test, you still have the opportunity to contest the suspension by requesting what is called an "Stautory Appeals Hearing."
The hearing is a civil hearing that is held to resolve the issues surrounding the suspension of your driver's license or driving privileges in the state of Pennsylvania. In order to qualify for a hearing, you must request one within 30 days of being notified by PennDot. Failure to timely request a hearing will be considered a waiver of your right to contest your suspension.
At the hearing, a Judge will consider the testimony of the arresting officer to determine whether a refusal actually occurred and whether you were placed under lawful arrest. If the Judge determines that there was not sufficient evidence to establish a refusal took place or that your arrest was unlawful, your license will be reinstated and your driving privileges will be fully restored. If the police officer does not appear to testify as to the circumstances surrounding your alleged refusal to submit to the chemical test, your appeal will generally be sustained and your driving privilege restored.
For more information on this topic please visit my website at http://www.duihelppa.com/License-Suspension.html
or visit my website at www.DUIHelpPA.com
D.U.I. CHEMICAL TESTS and YOUR RIGHTS
Each person who drives in the state of Pennsylvania is deemed to have given his/her consent to one or more chemical tests of their breath, blood, or urine upon a lawful request. Failure to comply with a lawful request will be considered a "refusal" and can result in penalties and suspension of driving privileges. For more information go to Chemical Tests or visit my website at www.DUIHelpPA.com
D.U.I. Defenses
There are defenses to a D.U.I. charge and the charges that go along with it. Like any other criminal defendant, you are presumed innocent and have certain rights guaranteed to you by the constitution. There are a myriad of circumstances and challenges of evidence to consider. For more information got to DUI Defenses or visit my website at www.DUIHelpPA.com.
No-Fault Divorce in Pennsylvania
You do not need a reason to get divorced under the "no-fault" statute. Most divorces are "no-fault" divorces, meaning the grounds are irretrievable breakdown of the marriage. No-fault divorce is easier to obtain, is less costly and much quicker than in a "fault divorce." For information about Uncontested Divorces go No-Fault-Divorce or visit my website at DivorceHelpPA.com
