What to Do When Charged with Driving on a Suspended License Due to a DUI 1543(b) in Allegheny County
Being charged with driving on a suspended license due to a prior DUI conviction under Pennsylvania Code 1543(b) is a serious offense that can lead to harsh penalties. For many, it’s not just about facing fines or additional suspension time; it’s about protecting your ability to work, provide for your family, and maintain your independence. At Frank Walker Law, we understand the stress and complications of such charges, and we’re here to guide you through the legal process.
Here’s what you need to know if you’ve been charged with driving on a DUI-suspended license in Allegheny County.
What Is a 1543(b) Violation?
Under Section 1543(b) of the Pennsylvania Vehicle Code, it is illegal to drive while your license is suspended or revoked as a result of a prior DUI or refusal to submit to chemical testing. This offense carries enhanced penalties compared to other types of license suspensions because it is tied to the seriousness of DUI-related offenses.
Penalties for a 1543(b) Violation
The penalties for a 1543(b) violation can vary depending on whether it is a first or subsequent offense. Common consequences include:
Mandatory Jail Time: A conviction typically requires a minimum of 60 days in jail for a first offense, with increased jail time for subsequent violations.
Fines: A mandatory minimum fine of $500, plus additional court costs.
License Suspension Extension: An additional suspension period of one year is added to your existing suspension.
Ignition Interlock Requirements: If eligible to reinstate your license, you may be required to install an ignition interlock device.
Additional Charges: If you are caught driving while impaired during this violation, you could face a new DUI charge, significantly compounding your legal issues.
Steps to Take If Charged
Understand the Charge: Carefully review the citation and understand that this is not a minor traffic violation. A 1543(b) charge is a criminal offense with significant implications.
Avoid Making Statements: Do not admit guilt or provide explanations to law enforcement. Anything you say could be used against you in court.
Contact an Experienced Attorney Immediately: A skilled attorney can assess the facts of your case, identify possible defenses, and advocate for reduced penalties or dismissal of the charge. At Frank Walker Law, we have extensive experience handling 1543(b) cases in Allegheny County.
Gather Documentation: If you believe there was an error in your suspension status or you were driving for a legally permitted reason (e.g., an emergency), provide all relevant documentation to your attorney.
Potential Defenses to a 1543(b) Charge
While a 1543(b) charge is serious, there are several potential defenses that could lead to reduced penalties or dismissal:
Improper Suspension Notice: If you were not properly notified of your license suspension, you may have a defense to the charge.
Necessity Defense: If you were driving due to a legitimate emergency, this may be a mitigating factor.
Administrative Errors: Clerical errors or miscommunications with the Pennsylvania Department of Transportation (PennDOT) could invalidate the suspension.
Technical Issues with the Stop: If law enforcement did not have probable cause to stop your vehicle, the evidence obtained may be suppressed.
How Frank Walker Law Can Help
At Frank Walker Law, we approach every case with the goal of protecting your rights and minimizing the impact of the charges on your life. For 1543(b) cases, our strategies include:
- Analyzing the Stop: We’ll evaluate whether the traffic stop and subsequent charge were lawful.
- Negotiating with Prosecutors: In some cases, we can negotiate for alternative sentencing options, such as probation, or seek to reduce the charge.
- Challenging Evidence: If there were procedural errors, we’ll work to suppress evidence and weaken the prosecution’s case.
Take Action Today
If you’ve been charged with driving on a DUI-suspended license under Section 1543(b), don’t wait to take action. The penalties are severe, but with the right legal representation, you can fight the charges and protect your future.
Contact Frank Walker Law today for a confidential consultation. We’ll review your case, explain your options, and work tirelessly to achieve the best possible outcome for you. Let us help you take control of your situation and move forward with confidence.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.