Individuals charged with and convicted of DUI could face a range of consequences. The repercussions can be harsh, but perhaps the most dreaded penalty for DUI offenders is the loss of driving privileges. If a license suspension is issued, offenders have to find a way to continue to operate in their daily lives without the ability to drive. This can present a major inconvenience, particularly when it comes to getting to work, school, driving kids to extracurricular activities, etc. Here, we want to discuss the DUI arrest license suspension process in Pennsylvania.
Will Your License be Suspended?
If you have been convicted of driving under the influence (DUI) in Pennsylvania, your driver’s license may automatically be suspended. In other states, there is typically a separate administrative hearing process to contest a license suspension. However, that is not the case in Pennsylvania. The only options a person has in these scenarios are to fight the DUI or apply for an occupational limited license (OLL).
According to information available from the Pennsylvania Department of Transportation, we can see that the DOT may impose the following driver’s license restrictions depending on the blood alcohol content (BAC) at the time of arrest and other factors:
- BAC below .10% – no license suspension for a first offense, but a 12-month license suspension for second or subsequent DUI
- BAC between .10% and .16%) – 12-month license suspension for a first offense, or 18 months 4 second or subsequent offenses
- BAC of .16% or higher – 12-month license suspension for the first offense, or 18 months for second or subsequent offenses
- Refusal of blood or chemical testing – 12-month license suspension for the first offense, or 18 months for second or subsequent offenses
- Commercial driver’s license (.04% BAC) – 12-month license suspension for the first offense, lifetime CDL disqualification for a second offense
- School bus drivers (.02% BAC) – 12-month license suspension for the first offense, 18 months for a second or subsequent offense
- Under 21 DUI (/02% BAC) – 12-month license suspension for the first offense for any alcohol in a person’s system, or 18 months for second or subsequent offenses
What is an Occupational Limited License?
Any person who has been convicted of a DUI offense for the first time could be eligible for an occupational limited license (OLL), but only after serving 60 days of their suspension. Those who have had their license suspended for 18 months (due to a refusal of chemical or breath testing) and have no more than one prior offense may be eligible for an occupational limited license with an ignition interlock device after serving 12 months of their suspension. Additionally, drivers under the age of 21 convicted of DUI may be eligible for an occupational limited license as well.
An OLL allows individuals to drive to work, medical appointments, school, or other necessary travel sanctioned by the court.