What Happens If You're Caught Driving on a Suspended License in PA?

If you've been charged with driving on a suspended license in Philadelphia or anywhere in Pennsylvania, here's what you need to know—and how a skilled criminal defense attorney can help.

Why Licenses Are Suspended in Pennsylvania

There are many reasons PennDOT may suspend a driver’s license, including:

• DUI or refusal to take a breath test

• Accumulating too many points on your driving record

• Driving without insurance

• Failing to pay traffic tickets or court fines

• Failing to respond to a citation

• Defaulting on child support

• Criminal convictions (e.g., fleeing police)

Once your license is suspended, you cannot legally drive until it’s restored—even if you’ve already completed the underlying penalty (like jail time or a fine).

The Two Types of Charges Under § 1543

Pennsylvania law separates driving under suspension into two main offenses:

🔴 1543(a): Driving While License is Suspended (Non-DUI Related)

This applies when your license was suspended for non-DUI reasons, like unpaid tickets or administrative issues.

Penalties for a first offense may include:

• A $200 fine

• Possible extension of your suspension

• Court costs and fees

Second or third offenses can lead to higher fines, longer suspensions, and potential jail time.

🔴 1543(b): Driving While License is Suspended (DUI-Related)

This is much more serious. If your license was suspended because of a DUI or refusal to submit to chemical testing, the penalties are severe—even for a first offense.

First Offense (DUI-related):

• Mandatory 60–90 days in jail

• $500 fine

• Additional license suspension

Subsequent Offenses:

• Up to 6 months in jail

• Fines up to $1,000

• Even longer license suspensions

• Possible felony charges if DUI or injury is involved

Note: This applies even if you were not impaired when stopped—simply driving with a DUI-related suspension triggers mandatory jail time under § 1543(b).

Defenses to Driving Under Suspension

A skilled criminal defense attorney may be able to reduce or dismiss the charge, especially in cases involving:

✅ Lack of notice – You were never properly informed by PennDOT that your license was suspended.
✅ Mistaken identity – The officer cited the wrong driver or incorrect license record.
✅ Restoration error – You thought your license was reinstated but it wasn’t properly processed.
✅ Emergency situation – You were driving to avoid harm or for a legitimate emergency.

Even if a dismissal isn’t possible, your attorney can negotiate for reduced charges to avoid jail time or minimize additional suspension.

What You Should Do If Caught Driving on a Suspended License

If you're pulled over and cited:

• Do not admit guilt or say you knew about the suspension

• Politely accept the citation and do not argue with the officer

• Contact a criminal defense attorney immediately

• Do not drive again until your license is officially restored

Your attorney can request a hearing, investigate the charge, and represent you in court to limit the damage.

Can You Get a Hardship or Occupational License?

Pennsylvania offers Occupational Limited Licenses (OLL) in some cases—allowing you to drive to work, school, or medical appointments. These are not available for certain DUI-related suspensions, but may be an option for others. A lawyer can help you determine if you're eligible and assist with the application process.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Driving on a suspended license may seem like a minor issue, but it can quickly turn into a major legal problem—especially if DUI-related. With over 30 years of experience defending drivers in Philadelphia and across Pennsylvania, Mark D. Hauser can help you fight the charge, avoid jail, and protect your driving privileges.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.