Is it Possible to File an Appeal if Your License has Been Suspended in Pennsylvania?
There are numerous reasons a driver’s license might be suspended by PennDOT, including obvious reasons like driving under the influence of drugs or alcohol or being cited with reckless driving.
If your license was suspended by PennDOT due to any of those reasons, you do have 30 days to file an appeal.
Appealing a DUI license suspension through PennDOT is NOT the same as filing an appeal for DUI, which is done under a court of law.
While overturning a license suspension through PennDOT is a difficult challenge, there may be some benefits under certain circumstances to filing an appeal, pushing back the date of a license suspension.
One benefit of filing a license suspension appeal is that you can get a delay in the suspension for six months to one year. If you are currently employed and need a vehicle to get to work or for child care, this is one option that can help in the short term.
If you were charged with DUI and you refused a breathalyzer or a blood test after your DUI arrest, your license will be automatically suspended. An appeal against a license suspension from PennDOT will go through the civil courts, but you will also face charges in criminal court for DUI.
If you were denied or recalled an Occupational Limited License (OLL) or your Probationary License denied, recalled or cancelled, the same process applies and you have 30 days to make an appeal.
There is typically a $100 filing fee for the license suspension appeal to go to hearing. For more information on filing an appeal see the PennDOT fact sheet on Driver Licensing Administrative Hearings. You may also contact an attorney who specializes in license suspension in Pennsylvania, like Ketchel Law, for a free consultation.
Everyone has different circumstances that will determine the course of action, such as your driving record, prior DUI arrests or a criminal record, and the type of license that you hold.
It is very helpful to have an experienced License Suspension Attorney in Pennsylvania explain the charges, your rights, the process and why it may or may not be beneficial for you to file an appeal.
If your license was suspended in Western Pennsylvania, call Ketchel Law for a free consultation.