November 10th, 2022

Drug-Related License Suspensions Eliminated

Governor Wolf signed Act 107 into law on November 3, 2022. This Act eliminates all drug-related license suspensions.

In 2018, Section 1532 of the Motor Vehicle Code was amended to eliminate the license suspension associated with convictions for controlled substance offenses. The former statute mandated a minimum 6-month license suspension for even minor controlled substance offenses like possessing a small amount of marijuana. Subsequent offenses carried potential multi-year license suspensions. The license suspension was an extreme penalty for individuals with convictions unrelated to driving.

The repeal of drug-related license suspensions in 2019 was prospective, meaning it only eliminated drug-related license suspensions going forward. Act 107, however, takes the much-needed step of making the amendment retroactive and eliminating all past drug-related license suspensions.

If your license is suspended only for this type of offense, the Department of Transportation has 10 months from the effective date of this statute (January 2023) to adjust your driving record to reflect that the suspension has ended. Additionally, PennDOT will not charge a restoration fee to reinstate your license, a savings of several hundred dollars. If your license was suspended for multiple offenses, including a drug-related offense, your suspension period will be adjusted accordingly.

If you need help with a license suspension or related issues, contact the criminal defense team at Gross McGinley, LLP. Our attorneys are experienced in litigating issues that impact your license.

Sara Moyer is a seasoned criminal defense attorney at Gross McGinley helping and guiding her clients through legal challenges.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.