What Happens If You’re Caught Driving on a Suspended License in Pennsylvania?

Whether your license was suspended due to a DUI, unpaid fines, or too many points on your record, being caught behind the wheel without a valid license can have long-lasting consequences. Here’s what you need to know if you're facing charges for driving under suspension in Philadelphia or anywhere in Pennsylvania.

What Does It Mean to Drive on a Suspended License?

Under 75 Pa. C.S. § 1543, there are two categories of this offense:

🔹 1543(a) – Driving While Operating Privilege is Suspended or Revoked

This applies to general suspensions (not DUI-related), such as for:

• Failure to pay traffic tickets

• Accumulating too many points

• Driving without insurance

• Failure to respond to a citation

Penalties include:

• $200 fine for a first offense

• Additional suspension time

• Possible jail time (for repeat offenders)

🔹 1543(b) – Driving Under Suspension Related to DUI

This section applies if your license was suspended due to:

• DUI conviction

• Refusal of chemical testing

• Accelerated Rehabilitative Disposition (ARD) for DUI

This is treated much more seriously.

Penalties include:

• First offense:

  • $500 fine

  • 60 to 90 days in jail, even if no new DUI occurred

• Second offense:

  • $1,000 fine

  • At least 90 days in jail

• Third or subsequent offense:

  • $2,500 fine

  • Mandatory 6 months in jail

You can be jailed even if your driving was perfect and no one was harmed.

Aggravating Factors That Increase Penalties

Your case can become more serious if:

• You were caught driving with a DUI-related suspension

• You had no insurance at the time

• You were involved in an accident

• You had prior 1543(b) violations

• You were driving under the influence again

These factors can lead to additional charges like driving without insurance, reckless driving, or even new DUI charges—each with separate penalties.

What Happens After You’re Stopped?

If police stop you and discover your license is suspended:

• They will issue a citation or arrest you on the spot (depending on the charge)

• Your car may be impounded

• You’ll receive a court date—and in DUI-related cases, a mandatory hearing

At your hearing, a judge will decide whether to impose jail time, fines, and additional suspension.

Can You Fight a Driving Under Suspension Charge?

Yes. An experienced criminal defense attorney can review the circumstances of the stop and the suspension itself to look for possible defenses:

✅ You weren’t properly notified of the suspension by PennDOT
✅ You weren’t driving or the ID of the driver is in question
✅ The traffic stop was unlawful
✅ You had a valid license at the time and the records were wrong
✅ You qualify for a plea to a lesser charge, such as driving without a license

In some cases, your attorney can work to avoid jail time, negotiate reduced penalties, or have the charge withdrawn entirely.

How to Avoid Future Charges

If your license is suspended, it’s crucial to:

• Don’t drive under any circumstances

• Pay outstanding fines or citations

• Comply with all PennDOT requirements

• Explore Occupational Limited Licenses (OLL) if eligible

• Work with a lawyer to restore your license as soon as possible

Driving without a license may seem like a necessity—but it can turn a minor issue into a criminal record.

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

If you're charged with driving on a suspended license in Pennsylvania—especially under 1543(b)—you’re facing jail time and additional penalties. With over 30 years of experience in Philadelphia courts, Mark D. Hauser knows how to fight for reduced charges, alternatives to jail, and license restoration.

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