Can I get my license restored from a DUI refusal?

Asked over 2 years ago - Philadelphia, PA

I was pulled over harassed. Sent to jail for testing. I asked for a lawyer. They said no. So they said I refused tests. I never did. I don't get high or drink. But licenses was suspended for refusal. I beat the DUI case. Can I get my license back? PENNDOT says NO. What does a lawyer think? In my defense they never read me the DL26 form which states what would happen if I refuse the test. (Which I never Refused. I just wanted a lawyer to be present cause I felt like I was being railroaded. Cause I don't get high or drink).

Attorney answers (3)

  1. Forest Dean Morgan

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . You have 30 days from the date of notice to file an appeal. It would appear that more than 30 days has passed since you received notice from PennDOT. If so, your opportunity to appeal has passed and you will not be able to have your license restored unless you have a very compelling reason for the delay,

    You may wish to speak with a lawyer in your area who deals with PennDot licensing issues.

  2. Zachary Cooper

    Contributor Level 13

    1

    Lawyer agrees

    Answered . When you refuse a breath test after a refusal in Pennsylvania, a form will be sent up to PENNDOT informing them of this. You should then get a letter in the mail from PENNDOT allowing you the opportunity to appeal within thirty (30) days. I would contact an attorney with issues such as this one as time is of the essence and certain things may be able to be done to help you out if done sooner rather then later,

  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    Answered . I my colleagues have stated, the timeliness of the appeal is a major issue which you appear to have missed.

    Michael L. Doyle
    Attorney at Law
    (215) 900-5565

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