Can I Get a Limited Driver’s License While Serving a DUI License Suspension?
Prior to the passage of important criminal law legislation in Pennsylvania in 2016, individuals serving driver’s license suspensions in connection with DUI offenses would be eligible for occupational “limited” licenses that limited when and where a person could drive, permitting travel only for employment, medical appointments, or religious activities. Now, under the Pennsylvania Ignition Interlock Limited License Program “IILL,” the limitation on driving restricts a person to driving a vehicle that is equipped with an interlock device, which is a device installed in motor vehicles to prevent individuals who are under the influence of alcohol from operating the vehicle. The driver breathes into the device before operating the vehicle. The threshold for activation is set at a very low level of .025 BAC (far below .08 limit for a DUI). Under this program, the individual is no longer restricted to driving to certain locations but is permitted to travel anywhere, as long as he drives a vehicle equipped with an ignition interlock.
For individuals serving a suspension on a first offense DUI, eligibility for the program is immediate, however actual issuance is subject to a period for review of the applicant’s petition. The statute provides that an ignition interlock limited license shall be issued within 20 days of receipt of the petition if the applicant is qualified and all other requirements for issuance are satisfied.
For individuals serving a suspension on an ungraded misdemeanor DUI, with a prior DUI offense, an IILL may be obtained after serving six months of a 12-month license suspension. For individuals serving a suspension on a first-degree misdemeanor DUI, with a prior DUI offense, an IILL may be obtained after the defendant serves nine months of an 18-month license suspension.
If there is a refusal by the defendant to submit to chemical testing, that individual is required to serve a one-year license suspension under the “implied consent” statute. If a person is serving a “refusal” suspension of one year under the statute, the Pennsylvania Ignition Interlock Limited License Program law provides that they will have to serve six months before receiving the IILL.
If you are facing DUI charges in Pennsylvania, your freedom and future may be at risk if you do not act swiftly. Contact the criminal defense lawyers at Tanner Law Offices. Our team of skilled professionals is prepared to defend you through this challenging time and ensure your rights are fully protected. Please contact our office at 717-731-8114 to schedule a consultation to discuss your case.