When a person is convicted of violating one of the Driving Under the Influence sections, he is subject to some period of license suspension. If that person is found to be driving while his license is still under suspension for the DUI conviction, that person could face jail time for violating 75 Pa.C.S.A. 1543(b) or Driving While Operating Privilege is Suspended – DUI related.
If the person is convicted of Driving While Suspended, that person could face a mandatory minimum prison sentence of at least 60 days and no more than 90 days.
If the person is convicted of Driving While Suspended and that person has a BAC of .02 or greater at the time he was Driving While Suspended, that person is subject to a mandatory minimum prison sentence of 90 days.
In order to convict someone for this crime, the attorney for the Commonwealth must prove: the defendant actually operated a motor vehicle on a roadway in the Commonwealth; the defendant’s license was actually suspended at the time he was operating the vehicle; and the defendant had actual notice of this suspension.
Although this charge is only a summary offense, it is very serious because it entails a mandatory minimum prison sentence. Therefore, if you are charged with violating this section it is important you contact an experience criminal attorney.