Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information.  Today:

Dear Pennsylvania DUI Lawyer,

I am licensed out of state and was recently charged with a Pennsylvania DUI refusal.  How will this effect my driving privileges in my home state?

Pennsylvania cannot suspend an out-of-state license even if you are convicted of a DUI.  Only your home state can suspend your license. Pennsylvania can only suspend your privilege to drive in this state. A refusal to submit to an officer’s request for a breath or blood test, MAY result in a suspension of driving privileges in Pennsylvania (if you are unsuccessful at the administrative hearing) but MAY or MAY NOT cause you to be suspended in your home state. The rules for processing a notification of a refusal report vary in each state. Pennsylvania is obligated to send such notice to your licensing state.  Some states take no adverse action against the license in the non-resident driver’s home state for a “refusal” to be tested in Pennsylvania.   If you are a CDL holder, it is very likely that you will face a one (1) year disqualification. 

Since The McShane Firm is the pinnacle in terms of DUI defense in Pennsylvania, we associate ourselves with other highly skilled and highly reputable attorneys in other states.  We will be able to provide to you a direct answer as to how your home state will treat every possible scenario as the case develops and if necessary get you a consultation with the very best attorney in another state to help you with that state’s actions.

If you would like to ask a question, please submit it via the contact us link.

-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

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Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.