How Drug Convictions Affect Your PA Driving Privileges

How Drug Convictions Affect Your PA Driving Privileges

Getting convicted of a drug offense can have serious consequences that go beyond just criminal penalties. In Pennsylvania, one additional consequence is the potential loss of your driver’s license, even if the drug conviction was not related to a driving offense. However, recent changes in Pennsylvania law have eased some of the license suspension penalties for drug convictions.

This article will explain how drug convictions can impact your driving privileges in Pennsylvania. We’ll cover the latest laws, penalties, defenses, and what steps you can take if your license is suspended.

License Suspension for Drug Convictions in PA

Under Pennsylvania law, PennDOT (the Department of Transportation) is required to suspend the driving privileges of anyone convicted of certain drug-related offenses. This applies even if the conviction was not related to driving under the influence or any other traffic violation.

In the past, a first-time drug possession conviction would result in a 6 month license suspension, while a second or subsequent conviction meant a 1 year suspension. The suspensions were mandated by law, with no exceptions, and applied to both adults and juveniles.

However, in late 2018 Pennsylvania passed Act 135, which repealed the mandatory suspension law for drug convictions unrelated to driving. The law went into effect in 2019.[3] [1]

This means that currently in Pennsylvania, drug possession or paraphernalia convictions by themselves will generally no longer result in an automatic driver’s license suspension. The repeal of this law was seen as a way to stop penalizing people twice for drug offenses, since losing driving privileges was often viewed as excessive for crimes unrelated to traffic safety.

Exceptions – When a Drug Conviction Can Still Lead to a License Suspension

While license suspensions are no longer mandatory for drug convictions, there are some exceptions where you can still lose your license after a drug conviction in PA:

• If the conviction involves selling or trafficking drugs, not just possession, your license can still be suspended. This includes convictions for manufacture, delivery, or possession with intent to deliver.
• If the conviction involves operating a vehicle under the influence of drugs (DUI), your license will be suspended as it normally would for a DUI offense.
• If you are granted ARD (Accelerated Rehabilitative Disposition) for a drug charge, your license can be suspended for up to 6 months at the judge’s discretion.
• If you are under 21 years old, a drug conviction can still result in a 90-120 day license suspension.

So in summary – for adult drug possession charges, your license is no longer automatically suspended in PA. But trafficking charges, DUIs, ARD, and juveniles can still face suspensions.

Suspension Periods for Drug Convictions in PA

If your license is suspended due to a drug conviction, here are the typical suspension periods:

• First drug possession offense – 6 months (for juveniles or ARD only)
• Second or subsequent possession offense – 1 year (for juveniles or ARD only)
• Selling or trafficking drugs – 1 year for first offense, 2 years for second offense, and 2 years for third offense
• DUI drug conviction – 1 year for first offense, 18 months for second offense, and 2 years for third offense

Note that for repeat offenses, the prior suspension periods can be increased at the judge’s discretion depending on the circumstances.

Getting Your License Back After a Drug Suspension in PA

If your license is suspended due to a drug conviction, you will need to go through PennDOT’s restoration process before you can legally drive again. Here are the steps:

1. Serve the full suspension period. You cannot drive at all during this time.
2. Pay all fines, court fees, and reinstatement fees. This can total $500 or more.
3. Show proof of insurance.
4. Pass a physical and vision exam.
5. Complete a drug & alcohol evaluation and any recommended treatment.
6. Pass a driver’s license knowledge test.
7. Pay a restoration fee and get a new photo license.

This entire process can take several months after your suspension ends. If you need to drive, you may be eligible for an occupational limited license, but this involves a hearing and approval by PennDOT.

Avoiding Suspension – Possible Defenses

Since drug convictions can still carry serious penalties like license suspension, the best defense is to avoid conviction altogether if possible. Here are some options:

• Suppress evidence – If the drugs were found through an illegal search, evidence may be suppressed
• Diversion programs – Deferred adjudication or ARD may avoid a conviction
• Innocence claims – You can fight the charges if you believe you were wrongly accused
• Get charges reduced – Possession may be reduced to a paraphernalia charge which may avoid suspension

An experienced criminal defense lawyer can advise you on the best defense against a drug conviction and license suspension.

Appealing a License Suspension in PA

If your license is suspended, you have the right to appeal the suspension within 30 days in order to try to get your driving privileges reinstated. An attorney can help craft your appeal argument and represent you at the hearing.

Possible grounds for appealing include:

• The conviction wasn’t related to driving or traffic safety.
• Suspending your license would pose an undue hardship.
• You need to drive for work or school.
• You were wrongfully convicted of the drug charge.
• Technical errors in paperwork or procedure.

Unfortunately, since mandatory drug suspension repeal only passed recently, success rates for appeals are still low in Pennsylvania. But an appeal may be worth pursuing because if you win, you can avoid suspension and keep driving.

Driving with a Suspended License in PA

It’s critical to stop driving immediately if your license is suspended in Pennsylvania. Getting caught driving with a suspended license can lead to:

• 60 days to 2 years additional license suspension
• Fines up to $1,000
• Jail time up to 6 months
• 12 points on your driving record

These penalties get harsher for subsequent offenses. Police can arrest you and impound your vehicle if you are caught driving while suspended. It’s simply not worth the risk.

Other Consequences of Drug Convictions in PA

Beyond losing your license, keep in mind a drug conviction can impact your life in other ways as well:

• Jail time and fines
• Probation or parole
• Permanent criminal record
• Difficulty finding a job or housing
• Ineligibility for student loans and other aid
• Loss of voting rights
• Deportation if not a U.S. citizen

So if you are facing drug charges, be sure to get legal help from an experienced criminal defense attorney. They can advise you on all the potential consequences and work to achieve the best resolution in your case.

Conclusion

Losing your driver’s license is a real possibility if you are convicted on drug charges in Pennsylvania. But recent law changes have eliminated automatic suspensions for adult drug possession. Trafficking, DUI, ARD, and juvenile cases can still lead to a suspended license. If your driving privileges are suspended, make sure to stop driving right away and follow PennDOT’s restoration process. Consulting with a lawyer can help you understand your options and defend against drug convictions to avoid suspension penalties.

References

[1] http://dioriosereni.com/pennsylvania-eliminates-license-suspension-for-non-traffic-related-drug-offenses/

[2] https://www.grossmcginley.com/resources/blog/drug-related-license-suspensions-eliminated/

[3] https://www.philadelphiacriminalattorney.com/new-law-eases-license-suspensions-in-pa-for-drug-possession/