Your Driving Record: The Point System, Suspensions, Insurance, Police Stops, Crashes, DUI and Zero Tolerance

Written for aiforu2 as the source for a practice-test bank and the on-device tutor for the Pennsylvania non-commercial Class C knowledge test. The facts follow the official manual; the wording is ours.

Source: Pennsylvania Driver's Manual (PUB 95), Pennsylvania Department of Transportation, chapter 4 "Driving Record Information" (pp. 79–85).

The point system

PennDOT keeps a record for every driver from police and court reports; you can buy a copy online. Points are added for certain violations, and corrective action starts at six or more points: the first time, a written notice to take a special point examination; the second time, after the record has dropped below six and climbed back, a Departmental hearing; further accumulations mean more hearings and suspensions. A driver under 18 is suspended for 90 days for six or more points or for driving 26 mph or more over the limit, and 120 days for any later occurrence. Three points are removed for every 12 consecutive months with no suspension, revocation or point-carrying violation; once the record sits at zero for 12 months, the next accumulation counts as a first.

Suspensions and revocations

Convictions that suspend or revoke the privilege include: DUI; a felony involving a vehicle; homicide by vehicle; reckless driving; racing on highways; fleeing police; driving while already suspended or revoked; driving without lights to avoid identification; hit-and-run; a second or later offense of driving without a valid license within five years; failing to stop for a school bus with red lights and stop arm (60 days); failing to obey a railroad crossing gate or barrier (30 days); and violating the Move Over law. A written notice gives the start date; the license or permit must be returned to the Bureau of Driver Licensing by that date or police will collect it, and surrendering early does not start the sanction early. You may appeal within 30 days of the mailing date to the Court of Common Pleas in your county, and all restoration requirements must be met before the privilege returns. After restoration the record shows five points, whatever it showed before, except after a 15-day suspension from a second six-point hearing or a suspension for ignoring a citation.

Driving without insurance

Liability insurance must be maintained at all times on a registered vehicle. A lapse of 31 days or longer suspends the registration for three months, and if the vehicle was driven uninsured, the driving privilege for three months too; restoration requires proof of current insurance and the fees.

When police stop you

Police signal a stop with flashing red and blue lights, or red only on some unmarked cars, sometimes with white lights; a vehicle flashing only blue lights is not a police officer. Signal, pull as far right as safely possible and park clear of traffic; turn off the engine and radio, roll down the window, and turn on the interior light at night; keep your movements and your passengers' to a minimum and reach for nothing; tell the officer at once about any firearm; put your hands on the wheel and have passengers show theirs; keep your seat belt on until the officer has seen it; wait to be asked before retrieving your license, registration and insurance, handing over only those items, not your wallet; stay inside with the doors closed unless asked out; and be polite, since disagreeing with a citation belongs in court, and complaints about an officer go to a supervisor afterward. If you doubt the vehicle is police, you may drive to the nearest well-lit, populated area while acknowledging the stop with your flashers at reduced speed, and you may ask for identification; officers always carry a photo ID and badge.

Crashes

Do not stop at a crash unless you are involved or help has not arrived; keep moving and do not block emergency vehicles. If you are in one: stop at or near the scene and move off the road if you can, since many crashes are caused by traffic stopping for a first crash; call police if anyone is hurt or dies (witnesses must call if the drivers cannot) or if a vehicle must be towed; exchange names, addresses, phone numbers, registration numbers and insurance companies and policy numbers; get names and addresses of others involved and witnesses; if you hit a parked car or property, stop, find the owner or leave a note with the date, time, your name and phone number, and call police; and if police do not investigate a crash with an injury, death or a towed vehicle, send a Driver's Accident Report (AA-600) to PennDOT within five days.

Fleeing or eluding police causes about 450 crashes a year in Pennsylvania with 40 to 50 major injuries or deaths; conviction brings a one-year suspension, a $500 fine plus costs, and possibly jail.

Driving under the influence

At 21 or older you are under the influence at a BAC of .08 or higher, and you can be convicted at lower levels if stopped for erratic driving: too slow, too fast, straddling lanes, wide turns, stopping for no reason, ignoring signs. Under 21, any measurable alcohol counts: a BAC of .02 or greater is DUI.

Implied consent: by being licensed in Pennsylvania you have agreed to chemical testing of breath or blood. Refusing after a DUI arrest suspends the privilege one year automatically, on top of any suspension from a conviction or ARD, and even if you are found not guilty. Refuse and be convicted, and the suspension can reach 2½ years depending on your BAC; refuse with a prior DUI or prior refusal and it is 18 months for the refusal plus 18 months for the DUI, three years total. A chemical test refusal restoration fee of $500 (first), $1,000 (second) or $2,000 (third or later), paid by certified check or money order, comes on top of the normal restoration fee.

Penalties rise with three things: a higher BAC, more serious injuries or damage, and more convictions. Alcohol Highway Safety School is required for first and second offenses at every level; high-BAC and repeat offenders and refusers must install an ignition interlock on any vehicle they drive (or certify they own none) as a condition of a restricted license; courts may order alcohol screening and treatment and up to 150 hours of community service. A driver under 21 convicted at .02 or above, and any driver in a crash with injury, death or property damage, is sentenced under the High Rate table whatever the BAC; controlled-substance DUI and refusers fall under the Highest Rate table.

A DUI with a maximum term of six months (a first offense at any level, or a second at general or high rate) is an ungraded misdemeanor, with no right to a jury trial. A first offense at the high or highest rate may qualify for Accelerated Rehabilitative Disposition (ARD): license loss of up to 90 days, alcohol and drug evaluation, six months of court supervision, treatment if needed, 12½ hours of Alcohol Highway Safety School, and a fine of $300 to $5,000 plus costs.

Zero tolerance and underage drinking

Traffic crashes are the leading cause of teen deaths. Zero Tolerance cut the DUI threshold for drivers under 21 from .08 to .02. A first under-21 DUI conviction means two days to six months in jail, a one-year suspension and a $500 to $5,000 fine. Under 21 it is illegal to buy, consume, possess or have alcohol in the vehicle you drive; police need no parental consent to test a detained minor but will notify the parents; the minimum penalty for underage drinking is a fine of up to $500 plus costs, with possible evaluation and an alcohol education program. Adults, parents included, who knowingly supply alcohol to minors face a fine of at least $1,000 for the first offense and $2,500 for each additional one, up to a year in jail, and liability for guests: 17 drinking teenagers at a party could cost $41,000.

The Driver's License Compact

Member states and the District of Columbia share one license (surrender the out-of-state license when applying elsewhere) and one record (kept by the home state), report each other's convictions and suspensions, and treat offenses committed elsewhere as if committed at home. Manslaughter or negligent homicide with a vehicle, DUI, failure to stop and render aid after an injury or fatal crash, and any felony using a vehicle in a member state are sanctioned as Pennsylvania offenses. Ignoring an out-of-state citation suspends the Pennsylvania privilege indefinitely until you respond.

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