Legal Question in DUI Law in Pennsylvania

Statute of Limitations for DUI License Suspension

I think my question is a rather simple one, but I haven't found the answer anywhere on the internet. I have been court ordered for an 18 month license suspension due to a 2nd DUI. I am to be notified by PennDOT as to when I am to turn over my license. I have not heard from them and there is no record in there database. How long do I have before they are no longer legally allowed to request my license?


Asked on 7/18/07, 10:52 am

1 Answer from Attorneys

Douglas Sughrue Attorneys Crosby & Sughrue

Re: Statute of Limitations for DUI License Suspension

Penn Dot is all powerful. They can make you serve your suspension until they have notice that you have acknowledged it. If your court date for your 2nd DUI was recent, you should expect a letter from Penn Dot within 4-6 weeks. Also, make sure the address on your driver's license is updated because the address Penn Dot uses is the address on your license. FYI--the driver is legally obligated to update this info within 15 days of changing addresses.

I deal with helping people restore their licenses everyday often, it's Penn DOt's mistake and sometimes it's the driver's mistake. I recommend going to a AAA office or Penn Dot messenger service to check the validity of your license.

If you would not receive notice from Penn Dot for a long time (2-6 years) they can still make you serve the suspension, but an appeal should be filed because a court of common pleas Judge can determine that you relied on not having a suspended license and to suspend you now causes great prejudice. The case law is very fact specific and is determined on a case by case basis only after the driver files an appeal.

Good luck & give me a call if you have mroe questions.

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Answered on 7/18/07, 11:45 am


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