if i have my drivers license suspension for my 2nd DUI and I am caught drive under the suspension what is the penalty?

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if i have my drivers license suspension for my 2nd DUI and I am caught drive under the suspension what is the penalty?

Asked on April 23, 2009 under Criminal Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

§ 1542. Revocation of habitual offender's license.

(a) General rule.--The department shall revoke the operating privilege of any person found to be

a habitual offender pursuant to the provisions of this section. A "habitual offender" shall be any person

whose driving record, as maintained in the department, shows that such person has accumulated the

requisite number of convictions for the separate and distinct offenses described and enumerated in

subsection (b) committed after the effective date of this title and within any period of five years

thereafter.

(b) Offenses enumerated.--Three convictions arising from separate acts of any one or more of

the following offenses committed by any person shall result in such person being designated as a

habitual offender:

(1) Any violation of Subchapter B of Chapter 37 (relating to serious traffic

offenses).

(1.1) Any violation of Chapter 38 (relating to driving after imbibing alcohol or

utilizing drugs) except for sections 3808(a)(1) and (b) (relating to illegally operating a motor

vehicle not equipped with ignition interlock) and 3809 (relating to restriction on alcoholic

beverages).

(1.2) Any violation of section 1543(b)(1.1) (relating to driving while operating

privilege is suspended or revoked).

(2) Any violation of section 3367 (relating to racing on highways).

(3) Any violation of section 3742 (relating to accidents involving death or personal

injury).

(3.1) Any violation of section 3742.1 (relating to accidents involving death or

personal injury while not properly licensed).

(4) Any violation of section 3743 (relating to accidents involving damage to

attended vehicle or property).

(c) Accelerative Rehabilitative Disposition as an offense.--Acceptance of Accelerative

Rehabilitative Disposition for any offense enumerated in subsection (b) shall be considered an offense

for the purposes of this section.

(d) Period of revocation.--The operating privilege of any person found to be a habitual offender

under the provisions of this section shall be revoked by the department for a period of five years.

(e) Additional offenses.--Each additional offense committed within a period of five years, as

measured from the date of any previous offense, shall result in a revocation for an additional period of

two years.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21,

1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (b).

1994 Amendment. Act 143 amended subsecs. (b) and (e).

Cross References. Section 1542 is referred to in sections 1516, 1534, 1541, 1543, 1554, 1575,

1783, 6503.1 of this title; section 5502 of Title 30 (Fish).

§ 1543. Driving while operating privilege is suspended or revoked.

(a) Offense defined.--Except as provided in subsection (b), any person who drives a motor

vehicle on any highway or trafficway of this Commonwealth after the commencement of a

suspension, revocation or cancellation of the operating privilege and before the operating privilege has

been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of

$200.

(b) Certain offenses.--

(1) A person who drives a motor vehicle on a highway or trafficway of this

Commonwealth at a time when the person's operating privilege is suspended or revoked as a

condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802

(relating to driving under influence of alcohol or controlled substance) or the former section

3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or

former section 3731 or is suspended under section 1581 (relating to Driver's License Compact)

for an offense substantially similar to a violation of section 3802 or former section 3731 shall,

upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and

to undergo imprisonment for a period of not less than 60 days nor more than 90 days.

(1.1) (i) A person who has an amount of alcohol by weight in his blood that

is equal to or greater than .02% at the time of testing or who at the time of testing has in

his blood any amount of a Schedule I or nonprescribed Schedule II or III controlled

substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, or its metabolite and who drives a

motor vehicle on any highway or trafficway of this Commonwealth at a time when the

person's operating privilege is suspended or revoked as a condition of acceptance of

Accelerated Rehabilitative Disposition for a violation of section 3802 or former section

3731 or because of a violation of section 1547(b)(1) or 3802 or former section 3731 or is

suspended under section 1581 for an offense substantially similar to a violation of section

3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense

and shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of

not less than 90 days.

(ii) A second violation of this paragraph shall constitute a

misdemeanor of the third degree, and upon conviction thereof the person shall be

sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six

months.

(iii) A third or subsequent violation of this paragraph shall constitute

a misdemeanor of the first degree, and upon conviction thereof the person shall be

sentenced to pay a fine of $5,000 and to undergo imprisonment for not less than two years.

(2) This subsection shall apply to any person against whom one of these

suspensions has been imposed whether the person is currently serving this suspension or whether

the effective date of suspension has been deferred under any of the provisions of section 1544

(relating to additional period of revocation or suspension). This provision shall also apply until

the person has had the operating privilege restored. This subsection shall also apply to any

revocation imposed pursuant to section 1542 (relating to revocation of habitual offender's

license) if any of the enumerated offenses was for a violation of section 3802 or former section

3731 or for an out-of-State offense that is substantially similar to a violation of section 3802 or

former section 3731, for which a revocation is imposed under section 1581.

(c) Suspension or revocation of operating privilege.--Upon receiving a certified record of the

conviction of any person under this section, the department shall suspend or revoke that person's

operating privilege as follows:

(1) If the department's records show that the person was under suspension, recall or

cancellation on the date of violation, and had not been restored, the department shall suspend the

person's operating privilege for an additional one-year period.

(2) If the department's records show that the person was under revocation on the

date of violation, and had not been restored, the department shall revoke the person's operating

privilege for an additional two-year period.

(d) Citation of appropriate subsection.--Prior to filing a citation for a violation of this section

with the issuing authority named in the citation, the police officer shall verify the basis for the

suspension with the department. Upon receiving the verification, the officer shall cite the appropriate

subsection of this section on the citation.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Nov.

23, 1987, P.L.399, No.82, eff. 60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21,

1998, P.L.1126, No.151, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (b).

1994 Amendment. Act 143 amended subsecs. (b) and (c). See section 4 of Act 143 in the

appendix to this title for special provisions relating to habitual offenders.

1987 Amendment. Act 82 added subsec. (d).

Cross References. Section 1543 is referred to in sections 1541, 1542, 1547, 1549, 1553, 1554,

3807, 3811, 3812, 6309.1, 6503, 6506 of this title; sections 1522, 1725.3, 5553, 9763, 9804 of Title 42

(Judiciary and Judicial Procedure


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