
Attorney Grant C. Travis
Attorney Chad J. Vilushis
Pennsylvania Drunk Driving Defense
| 100 State St. • Ste. 210 • Erie, PA • 16507 Call us: 814-455-3839 • Driving Directions |
| 102 Lorna Lane • Edinboro, PA • 16412 Call us: 814-734-6076 • Driving Directions |
| 400 Market Street • Warren, PA • 16365 Call us: 814-723-6120 • Driving Directions |
What can you do if your DUI case goes against you and youve lost your license under Pennsylvanias DUI DWI law?
In fact, you may still be able to drive under Pennsylvania states DUI laws occupational limited license privileges section . . . if you qualify.
Heres the full story. I know this is complicated, so when you call for your consultation, well cover this at that time.
75 PA.C.S. §1553 (Occupational limited license).
Subsection (b)(1) adds getting to treatment as one of the circumstances under which a driver may use an occupational limited license. The driver's petition must now identify not only the employer but also the educational institution or treatment facility.
Subsection (d)(6) specifies that anyone who has been adjudicated delinquent, granted a consent decree or granted ARD for DUI may not be issued an occupational limited license unless the suspension or revocation for that conviction has been fully served.
This provision also allows occupational limited licenses for those whose licenses have been suspended for a first violation of 18 PA.C.S. §6308.
Subsection (d)(8) specifies that anyone convicted of DUI must serve the entire suspension or revocation before being eligible for an occupational limited license.
However, a person convicted under §3802 who does not have a prior offense as defined in §3806(a) shall be eligible for an occupational limited license after serving 60 days of the suspension according to subsection (d.1).
In addition, a person convicted under §1547(b)(1)(ii) or §3804(e)(2)(ii), relating to an 18-month suspension for a first-degree misdemeanor, shall be eligible for an occupational limited license if the individual 1) is otherwise eligible for restoration; 2) has served 12 months of the suspension; 3) has no more than one prior offense as defined in §3806(b); 4) only operates a vehicle with an ignition interlock system and 5) has certified that each vehicle owned by or registered to the person has been equipped with an ignition interlock system.
But, a period of ignition interlock accepted under subsection (d.2) shall not count towards the one-year mandatory period of ignition interlock imposed under §3805.
Subsection (f) specifies that an occupational limited license can only be used between the driver's residence and place of employment or study or in the course of employment or study where the operation of a vehicle is required.
The occupational limited license can also be used to and from a scheduled or emergency medical examination or treatment, including treatment required under Chapter 38.
The operating privilege of a driver with an occupational limited license remains under suspension or revocation except when the driver is within the conditions of the limited license.
A driver must have a completed occupational limited license affidavit at all times while operating a vehicle, except when operating a vehicle to a location for emergency medical treatment.
Subsection (f)(2) specifies that a driver with an occupational limited license may not operate a school bus.
Subsection (c) raises the fee for applying for an occupational limited license from $25 to $50. Subsection (f)(3) establishes a summary offense and a $200 fine for violating the conditions of the occupational limited license.
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