To the surprise of many clients, even though the sentencing guidelines do not specify that an individual will lose his license for 5 years for a 3rd DUI, in certain circumstances that may be the result. Pursuant to the sentencing guidelines, conviction for a 3rd DUI, depending on the level of intoxication, would result in either a 12 month or 18 month suspension.
However, pursuant to 75 PA.C.S. 1542, an individual who is convicted of his/her 3rd DUI, within a 5 year period, is labeled a “habitual offender” and loses his/her license for 5 years. 1542(a)-(b), (d). Even if the individual received Accelerated Rehabilitative Disposition (ARD) for the first offense and the record was expunged, that is still counted as a conviction for purposes of Section 1542. 1542©.
If the individual commits an additional offense, within a period of five years, after serving the 5 year suspension, that individual will serve an additional 2 year suspension for each subsequent offense. 1542(e).
These are issues that one must be cognizant of before deciding to get behind the wheel after imbibing. With the Penndot 5 year revocation, Penndot will not even issue a work driver’s license; hence, the individual will have to rely on other forms of transportation, even to and from work.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
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