A drivers license suspension can affect every aspect of a person’s life because it may mean that you need to make alternative arrangements to get to work, get your children to school or get to the store. If you are convicted in Pennsylvania for DUI, your license will be suspended as part of the civil consequences of your DUI criminal conviction. An administrative driver’s license suspension for a first time offense of DUI in Pennsylvania is 12 months although you may receive a shorter sentence if you are eligible and participate in the Accelerated Rehabilitative Disposition program.
Because there are really two separate proceedings following a DUI arrest — a criminal case and the other an administrative proceeding involving PENNDOT — the question sometimes arises whether a driver can challenge a DUI conviction in a civil driver’s license suspension proceeding? To answer this question, it is important to understand that there is a fundamental distinction between a criminal law DUI case and the administrative driver’s license matter that may be appealed in civil court. Although the two cases impact each other, they are separate and distinct proceedings so a driver may not use an appeal of an administrative decision suspending one’s driver’s license to challenge criminal DUI charges.
A license suspension is a collateral civil consequence of a criminal conviction so a licensee may not attack the validity of the underlying criminal conviction in a civil appeal of the license suspension. The only issues in a civil license suspension appeal is whether the motorist was in fact convicted and whether the Pennsylvania Department of Transportation acted in accordance with applicable law. The fundamental point to understand is that criminal DUI defense cases are separate proceedings from civil driver’s license suspension cases. Although the DUI case definitely impacts the administrative driver’s license case, a driver cannot challenge the DUI conviction in the suspension case.
If you are charged with a DUI, an experienced Pennsylvania DUI attorney can represent you in both the administrative license suspension case as well as your criminal DUI case. Both cases carry severe penalties so it is important to seek legal representation with a Pittsburgh DUI lawyer that focuses its practice on DUI matters.
At the law office of Michael V. Worgul, our Pittsburgh based law firm limits its practice exclusively to criminal defense and DUI. We have represented hundreds of people in western Pennsylvania in criminal charges so call us today at 1-855-DUI-CRIM so that you can protect your driving privileges and your future.
