In most circumstances you cannot fight the license suspension that results from a DUI conviction. However, there are rare circumstances in which you can challenge a license suspension. Those circumstances include when the Court sent the wrong paperwork to PennDOT or when PennDOT attempts to suspend your license when it should not have been suspended. In these rare situations you can challenge the license suspension through what is known as a License Suspension Appeal. This will allow you to challenge the suspension of your license that PennDOT is trying to impose.
Legal Blog
As experts in our craft we like to provide our past, current and future clients, as well as our community with resources to better help them navigate the complex world of criminal law. Whether you're seeking guidance in one of our practice areas, looking for practical tips to navigate legal challenges or simply finding a deeper understanding of your rights, our blog is designed to be a valuable resource to you.
You can search blogs by category or use the search bar to find what you need. You can also visit our FAQ page which has specific questions and answers about Pennsylvania law, procedures, as well as information about our firm.
Please note, our legal blog is intended for informational purposes only. While we strive to offer accurate content, the legal landscape is constantly changing and no blog can substitute personalized advice and guidance of a qualified attorney. For a free consultation, please contact us directly.
Will I Lose my Gun Rights if I am on ARD for a DUI?
If you received an ARD disposition for a DUI, then yes you can own or possess a firearm. Sometimes a condition of ARD is that you do not possess a firearm. In that case, you would not be able to possess your firearm until your ARD supervision was over, even if you have a concealed carry permit.
Can I Own A Gun If I Am Convicted Of A DUI?
The answer to that question depends on the grading of the DUI for which you were convicted.
If you are convicted of a DUI that is graded as an ungraded misdemeanor (M) or a misdemeanor of the second degree (M2), then yes you can own or possess a firearm.
If you are convicted of a DUI that is graded as a misdemeanor of the first degree (M1) or a DUI graded as a felony of the third degree (F3), then no you would not be able to own or possess a firearm. In other words, it would be illegal for you to possess a gun owned by someone else in addition to personally owning a firearm.
If you received an ARD disposition for a DUI, then yes you can own or possess a firearm. Sometimes a condition of ARD is that you do not possess a firearm. In that case, you would not be able to possess your firearm until your ARD supervision was over.
Will a DUI Conviction affect my professional license?
The Pennsylvania Department of State, Bureau of Occupational Affairs oversees licensing certain professions, including Nursing, Medicine, Cosmetology, Real Estate, and others. They are also in charge of determining if action to suspend or revoke a professional license is necessary.
Currently, a DUI conviction may result in a professional license being suspended or even revoked. Starting at the end of December 2020 the Licensing Rules will change. A DUI conviction should only result in action on a professional license if the DUI is “directly related” to the person’s performance of their duties under the license or the nature of the DUI posses a “substantial risk” to the person’s performance of their duties. An offense is “directly related” if the nature of the criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the profession, trade, or occupation for which the individual is licensed. A determination of whether an offense poses a “substantial risk” involves the board looking at 11 factors. They are:
1) Criminal conduct involved act or threat of harm, including property/reputation
2) Facts and circumstances around the conviction
3) Number of convictions
4) Increase in age/maturity since the date of conviction
5) Criminal history, if any, after conviction
6) Completion of education/training, including in incarceration
7) References from employers or others (including from incarceration)
8) Personal rehabilitation
9) Meets other licensing requirements
10) Criminal history while engaged in the occupation
11) Any other factor believed relevant to fitness
If you have a professional license and are charged with a DUI or any other criminal offense it is important to make sure you speak with a lawyer who understands both criminal law and the professional licensing laws that apply in your case.
Can I get sentenced to house arrest if I am convicted of a DUI?
House arrest or in-home detention and sentencing options which allow you to serve part of a jail sentence in your house rather than in a jail. The law has recently changed and “house arrest” is now part of a sentencing possibility known as Probation with Restrictive Conditions. One type of “restrictive conditions” is in-home detention. Regardless of the name, they all refer to the same thing, being able to serve all or part of your jail sentence in your own home. Not every county will agree to house arrest in a DUI case. The law allows you to be sentenced to in-home detention, but not every county has the resources to allow for this type of sentence. In addition, there are several restrictions on whether the county will allow you to serve your time at home on house arrest. Some of those are your residence, who you live with, your history with the criminal justice system, whether or not you live in county, whether or not your home county will allowed you into their program, and many more.
If the county does allow for in-home detention, how much time you spend in in-home detention is a complex question. Some counties will let you do all your jail time on house arrest. Some counties make you do more time on house arrest for the privilege of not going to jail. Some counties make you serve part of your time in jail and the rest of the time on house arrest. Which option would be available to you depends on your specific case and what county the offense occurred in.
Can I be charged with a crime if I refuse a chemical test?
There is not a specific crime for refusing a chemical test in Pennsylvania. However, if you refuse a chemical test it may affect the level of DUI charge you later receive. If you refuse a blood test, and the police did not obtain a search warrant and are convicted, you could receive the lowest tier of punishment. If you refuse a blood test after a search warrant is obtained, then you will receive punishment at the highest tier if convicted. If you refuse a breath test, you will also be in the highest tier if you are convicted. Some jurisdictions will also charge you with obstruction of justice if you refuse a blood test after the police obtain a search warrant.
There are civil penalties for refusing a chemical test. Those include a separate 12 to 18-month license suspension and a large “fee” to get your license restored. This is not a criminal issue and can happen whether the police charge you with a DUI or not. This suspension is consecutive to any suspension you receive if you are convicted of a DUI. A suspension for the DUI conviction can range from 12 to 18 months. See our resource guide for more information on sentencing and license suspensions. resources page
Can I be forced to take a blood test?
No. Pennsylvania law specifically says a person cannot be forced to take a chemical test. However, you can still be charged with a DUI even if you refused the blood test. The charges can be filed as either Tier I, II, or III depending on the specific circumstances of your case. For a DUI with no special circumstances, you will be charged under a Tier I. If there was an accident the charges will be under Tier II. If your DUI is for driving while having drugs in your system, the charges will be under Tier III.
The police can get a search warrant to draw your blood for testing. If they do, they still cannot force you to give a blood sample. However, if you refuse a blood test after the police get a search warrant you might be charged with obstruction of justice, in addition to a Tier III DUI. There is also a license suspension separate from any suspension you may receive from a DUI conviction just for the refusal to provide the chemical sample for testing.
Can I be forced to take a breath test?
No. Pennsylvania law specifically says a person cannot be forced to take a chemical test. However, if you refuse a breath test and are then charged for DUI those charges will be Tier III charges. This tier has the highest possible punishment for sentencing purposes if you are convicted. Breath tests do not have the same constitutional protections as blood tests do. If you refuse a breath test, you will face a license suspension because you refused the breath test. This is a separate license suspension from any license suspension you might receive from a DUI conviction.