Understanding License Suspension After a DUI Arrest in Lancaster County

Getting arrested for DUI in Lancaster County creates an immediate crisis: you're not just facing criminal charges, you're also confronting the potential loss of your driving privileges. Understanding Pennsylvania's license suspension system is crucial because two separate proceedings threaten your license after a DUI arrest—the criminal court case and the PennDOT administrative hearing.

Many Lancaster County drivers don't realize that these are distinct processes with different deadlines, different standards of proof, and different consequences. Missing a critical deadline or failing to request a hearing can result in automatic suspension, even if your criminal charges are eventually dismissed.

This comprehensive guide explains how license suspensions work after a DUI arrest in Lancaster County, the critical 30-day deadline you must meet, and how to protect your driving privileges throughout the legal process.

Two Separate Threats to Your License

When you're arrested for DUI in Lancaster County, your license is threatened through two independent mechanisms:

Criminal Court Suspension

If you're convicted of DUI in Lancaster County Court of Common Pleas or at the district court level, the court will impose a mandatory license suspension as part of your sentence. The length depends on your BAC level, whether you have prior offenses, and other aggravating factors.

These criminal suspensions range from 12 months for a first offense general impairment case to 18 months for high BAC first offenses. Second and subsequent offenses carry even longer suspensions.

PennDOT Administrative Suspension

Completely separate from your criminal case, PennDOT (Pennsylvania Department of Transportation) conducts its own administrative hearing to determine whether your license should be suspended for refusing chemical testing or for testing above the legal limit.

These administrative suspensions can take effect even if you're never convicted of DUI—or even if your criminal charges are dismissed. The PennDOT hearing uses a lower standard of proof than criminal court and focuses only on whether the traffic stop was legal and whether you refused testing or tested above 0.08%.

The Critical 30-Day Deadline

This is the most important deadline in your DUI case, and missing it can be devastating:

Within 30 days of your DUI arrest, you must file an appeal requesting a PennDOT license suspension hearing.

If you received a DL-26 Notice of Suspension form when you were arrested in Lancaster County, this form explains your right to appeal. However, many people don't understand the urgency or don't realize they need to act immediately.

What happens if you miss the 30-day deadline?

Your license suspension becomes automatic and goes into effect with no opportunity for a hearing. You lose your chance to challenge the suspension or potentially keep your license during the pendency of your case.

This means that even if you ultimately win your criminal DUI case, your license may already have been suspended for months or even a year based solely on the administrative action—all because you missed the initial deadline.

PennDOT Suspension Lengths in Pennsylvania

If you're subject to administrative suspension through PennDOT, the length depends on your circumstances:

First Offense Suspensions

• Chemical test refusal: 12-month suspension

• BAC 0.10% to 0.159%: 12-month suspension

• BAC 0.16% or higher: 12-month suspension

• BAC under 0.10%: No administrative suspension (but criminal penalties still apply if convicted)

Second Offense Suspensions

• Chemical test refusal: 18-month suspension

• Any BAC level: 12-month suspension

Third or Subsequent Offense Suspensions

• Chemical test refusal: 18-month suspension

• Any BAC level: 12-month suspension

These administrative suspensions are in addition to any criminal suspensions imposed if you're convicted.

The PennDOT Administrative Hearing Process

If you timely file your appeal within 30 days of your Lancaster County DUI arrest, you'll receive a hearing date at a PennDOT hearing location. These hearings are typically held in Harrisburg for Lancaster County cases, though locations may vary.

What happens at the PennDOT hearing:

1. Burden of Proof: PennDOT must prove by a preponderance of the evidence (more likely than not) that the officer had reasonable grounds to stop you, reasonable grounds to believe you were DUI, and that you either refused testing or tested above 0.08%.

2. Evidence Presented: The hearing officer reviews police reports, chemical test results, and testimony from the arresting officer if they appear. You and your attorney can present evidence and cross-examine witnesses.

3. Limited Scope: Unlike criminal court, the PennDOT hearing doesn't address whether you're guilty of DUI. It only addresses whether the administrative suspension is justified under PennDOT regulations.

4. Decision Timeline: The hearing officer issues a written decision, typically within 30 days, either sustaining or rescinding the suspension.

Winning your PennDOT hearing means avoiding administrative suspension entirely, even while your criminal case proceeds. Losing means the suspension goes into effect, though you may be eligible for an occupational limited license.

Occupational Limited License (OLL) in Lancaster County

If your license is suspended due to DUI, Pennsylvania law may allow you to obtain an Occupational Limited License, which permits you to drive for specific purposes:

• Travel to and from work

• Travel during the course of work (if your job requires driving)

• Travel to and from school

• Travel for medical treatment for yourself or family members

• Travel to and from drug and alcohol treatment

Eligibility Requirements:

To qualify for an OLL in Pennsylvania, you generally must:

• Have a demonstrable need (employment, education, medical)

• Complete DUI classes if required

• Have an ignition interlock device installed on your vehicle if required

• Provide documentation of your need (employment letter, school schedule, etc.)

• Pay applicable fees and maintain SR-22 insurance

Important: OLL eligibility varies based on your BAC level and prior record. High BAC cases (0.16% or higher) and refusal cases typically require ignition interlock devices.

Ignition Interlock Requirements

Pennsylvania law requires ignition interlock devices for certain DUI offenses:

First Offense Ignition Interlock:

• Required for high BAC (0.16% or higher) if you want an OLL

• Required for chemical test refusal if you want an OLL

• Duration: Typically one year

Second or Subsequent Offense:

• Ignition interlock required for any BAC level to obtain OLL

• Duration: One year minimum

An ignition interlock device is a breathalyzer installed in your vehicle that prevents the car from starting if it detects alcohol on your breath. You must blow into the device before starting the vehicle and periodically while driving.

The device costs approximately $70-100 for installation plus $70-90 per month for monitoring and calibration. While expensive, it allows you to maintain driving privileges during suspension.

Lancaster County License Restoration Process

Once your suspension period ends, you don't automatically get your license back. You must complete Pennsylvania's restoration process:

1. Complete all suspension time

2. Pay PennDOT restoration fee ($25-$500 depending on circumstances)

3. Provide proof of completion of DUI school and treatment if required

4. Retake driver's exam if suspension exceeded certain periods

5. Obtain SR-22 high-risk insurance certification

6. Submit restoration paperwork to PennDOT

For Lancaster County residents, restoration paperwork can be submitted to the PennDOT Driver License Center in Lancaster at 1763 Columbia Avenue, or handled through your attorney's office.

Common License Suspension Mistakes to Avoid

Missing the 30-Day Appeal Deadline:

This is by far the most costly mistake. Even if you plan to fight your charges vigorously, you must request the PennDOT hearing within 30 days or forever lose that right.

Driving on a Suspended License:

Driving while your license is suspended for DUI is a separate criminal offense under 75 Pa.C.S. § 1543(b), carrying mandatory jail time for first offense (60 days minimum) and enhanced penalties for subsequent violations. Lancaster County prosecutors enforce these charges aggressively.

Assuming DUI Dismissal Restores Your License:

Even if your criminal DUI charges are dismissed or you're found not guilty, any administrative PennDOT suspension remains in effect unless you separately won your PennDOT hearing or successfully appealed the suspension.

Failing to Install Ignition Interlock When Required:

If you're required to have an ignition interlock device as a condition of your OLL but drive without one installed, you're committing the separate offense of violating license restrictions, which can extend your suspension and result in additional criminal charges.

Defending Against License Suspension

Successfully defending your driving privileges requires a coordinated strategy addressing both the criminal case and the PennDOT administrative hearing:

At the PennDOT Hearing:

• Challenge whether the officer had reasonable suspicion for the traffic stop

• Challenge whether the officer had probable cause for arrest

• Challenge the reliability and admissibility of chemical test results

• Identify procedural errors in test administration

• Present evidence of medical conditions affecting test accuracy

• Cross-examine the officer regarding observation period compliance

In Criminal Court:

• Seek dismissal or not guilty verdict to avoid criminal suspension

• Negotiate plea agreements that minimize suspension periods

• Pursue ARD program when eligible, which reduces suspension time

• Challenge the admissibility of test results

• File motions to suppress evidence obtained from illegal stops

Winning either proceeding protects your license, but the strongest position comes from succeeding in both.

Your Driving Privileges Are Worth Fighting For

For most Lancaster County residents, losing your license means losing your ability to work, care for your family, and maintain independence. A DUI arrest doesn't have to result in automatic suspension if you act quickly and strategically.

The 30-day deadline to request a PennDOT hearing is rapidly approaching from the moment of your arrest. Every day that passes without filing your appeal brings you closer to automatic suspension.

Contact Attorney Sean Quinlan immediately if you've been arrested for DUI in Lancaster County. We'll file your PennDOT appeal before the deadline, represent you at your administrative hearing, and fight to protect your driving privileges in criminal court. Your license, your livelihood, and your freedom of movement are too important to leave to chance. Call today to schedule your consultation and begin protecting your rights.