Jan 8, 2010

A drug charge in PA can suspend your license - even if no car is involved - and there is no relief

If you make a mistake and are found guilty of a DUI in Pennsylvania, you can get a license that restricts your hours but lets you drive for work, school, and doctors. You only qualify for this limited license if it your first offense and you do not have other serious violations.

If you make a mistake and are in the wrong place at the wrong time and are convicted of a drug violation, you get your license suspended even if you are not in a vehicle and you do not get the same relief.

Both of these violations suspend your PA drivers license, and both are serious violations.But for only one the lawmakers in Pennsylvania decided that there should be a break for that first time violation.

The thing to remember about a drug possesion chagre is that your license is suspended no matter where the violation occurs. No car needs to be involved.


Now State Rep. Jake Wheatley Jr., an Allegheny County Democrat has proposed a bill to allow for a limited license for a first time drug conviction. In his proposed bill a violator would still need to wait 60 days to be granted the "Bread and Butter License" just like with a first time DUI. The thing to remember about a first drug conviction is that it is a 6 month suspension rather than the one year suspension for a DUI. So right off the bat you must serve a longer percentage of suspension time relative to the DUI suspension. See the block below for more details on suspension time for drug charges;

Full Text can be found HERE
§ 1532. Suspension of operating privilege.
(c) Suspension.--The department shall suspend the operating privilege of any person upon receiving a certified record of the person's conviction of any offense involving the possession, sale, delivery, offering for sale, holding
for sale or giving away of any controlled substance under the laws of the United States, this Commonwealth or any other state, or any person 21 years of age or younger upon receiving a certified record of the person's conviction or adjudication of delinquency under 18 Pa.C.S. § 2706 (relating to terroristic threats) committed on any school property, including any public school grounds, during any school-sponsored activity or on any conveyance providing transportation to a school entity or school-sponsored activity.
(1) The period of suspension shall be as follows:
(i) For a first offense, a period of six months from the date of the suspension.
(ii) For a second offense, a period of one year from the date of the suspension.
(iii) For a third and any subsequent offense thereafter, a period of two years from the date of the suspension.

Please find State Rep. Jake Wheatley Jr.'s proposed bill information HERE

Please support this bill and let your legislator know that you support HB1323!
Find your legislator HERE

Thank you!

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