ARD suspensions now immediately qualify for Ignition Interlock Limited License in PA

Filed under: DUI by Contributor @ October 17, 2018

Are you likely to get have your driver’s license suspended for a DUI for which you can get ARD in Pennsylvania? Senate Bill 553 in the Pennsylvania Legislature has been signed into law amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes. What does this mean for you?

This change applies if you get ARD or are convicted of an offense which calls for a mandatory driver’s license revocation, suspension, or disqualification. As it stands, the law requires individuals to surrender their driver’s licenses in court or submit acknowledgement forms to PennDOT that their license is lost, missing or suspended to start receiving credit toward serving a suspension, revocation, or disqualification.

However, starting on October 20th, 2018 you should not forfeit your driver’s license until you receive notification from PennDOT. The district attorney or court must inform you the suspension will be effective within 60 days.

PennDOT will notify you person in writing at the address of record to surrender your driver’s license to the department for the term of suspension, revocation or disqualification.

“The suspension, revocation or disqualification shall be effective upon the earlier of:

(i) a date determined by the department; or

(ii) the date of filing or mailing of the license or acknowledgment to the department, if that date is subsequent to the department’s notice to surrender the license.”

So the suspension, revocation, or disqualification is effective either upon the date determined by PennDOT or the date you send in your license if the date you send it in is AFTER the notice from PennDOT to surrender your license.

Most importantly, if you are eligible for an Ignition Interlock Limited License (IILL), you can now apply for it prior to starting your suspension, potentially avoiding any period of time at all that you cannot drive.  In the past, persons suspended for ARD could not obtain an IILL and ended up serving their suspensions before they could obtain the IILL.

The legislation then goes on to add: “No credit toward the revocation, suspension or disqualification shall be earned until the driver’s license is surrendered to the department, a court or a district attorney, as the case may be.”

In effect, you cannot start your revocation, suspension, or disqualification early as the date is now specified by PennDOT. Therefore, even if you submit your acknowledgement form early, your sanction still begins on the date sent by PennDOT.

You should not submit your driver’s license for revocation, suspension, or disqualification until you receive notice from PennDOT in the mail.

You can read the full text of the bill here:

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=S&billTyp=B&billNbr=0553&pn=1037

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