Pennsylvania Law and Out-of-State Driver's License Revocations for DUI

December 31, 2010

A Pennsylvania resident with multiple convictions for driving under the influence recently lost his appeal of the Department of Transportation's refusal to issue him a new driver's license. Bryan Roop argued that PennDOT's decision was not supported by Pennsylvania law because his license had previously been revoked when he was a resident of another state.

Roop first lost his license as a Pennsylvania resident in 1992 due to three DUI convictions and two convictions for driving under a suspended license. After he relocated to Florida, his license was permanently revoked after he was twice again found guilty of DUI. But after returning to Pennsylvania in 2003, Roop was able to apply for and obtain a probationary license.

PennDOT did not learn of Roop's Florida offenses until several years later, after he had obtained a learner's permit but before his full driving privileges had been restored. The state then informed him that he was not eligible for a license under Pennsylvania state laws.

Section 1503(a)(1) of the Pennsylvania Vehicle Code states that "[t]he department shall not issue a driver's license to, or renew the driver's license of, any person: (1) Whose operating privilege is suspended or revoked in this or any other state." But Roop argued that another aspect of Pennsylvania law does not allow PennDOT to make blanket rejections and requires a determination of whether or not a driver presents an ongoing hazard to public safety.

The Driver's License Compact, as adopted by the PA Vehicle Code, is an agreement among states to recognize license revocations from other jurisdictions and clarify related motor vehicle safety issues. A Commonwealth Court of Pennsylvania panel hearing Roop's appeal held that the state is bound to honor Florida's permanent revocation, irrespective of whether Roop would be able to reapply if his license had been revoked solely under Pennsylvania law.

In reviewing how other states had resolved such cases, one issue the court focused on was creating a refuge for drivers who are unauthorized to drive in other states. But this case also underscores an important aspect of all DUI cases: exploring every option to avoid a conviction in the first place.

Enlisting an Aggressive Advocate to Fight Drunk Driving Charges

Working closely with an experienced DUI lawyer is an important option for avoiding jail and suspension or revocation of your driver's license. Every case is unique, but it may be possible to have the charges against you either reduced or expunged from your record. This is important for a variety of reasons, including the substantial increase in insurance premiums imposed on drivers who have been convicted.

An attorney can assess the evidence against you, including field sobriety and blood-alcohol content (BAC) test results, and explain your legal options. By explaining the criminal justice system and exploring all available strategies, a lawyer can provide meaningful advice to protect your future interests.

Article provided by Law Offices of Basil D. Beck, III
Visit us at www.bbecklaw.com