Can I obtain a limited license that will allow me to drive to work, school, or to pick up my children?
Pennsylvania Occupational Limited License
Many people facing the administrative suspension for a chemical test refusal hope to obtain a limited license that would allow them to drive to and from work, school, medical appointments, and possibly to transport or pickup their children. Such a license, called an Occupation Limited License (OLL), is NOT primarily based upon need. Instead, the OLL law, contained in 75 Pa.C.S.A. § 1553, contains a list of people that cannot receive an OLL. Under section 1553(d)(7), a person serving a suspension for a chemical test refusal is NOT eligible to receive an OLL. It does not matter that the person may lose his job, fail out of
school, or be unable to care for children. A person serving a DUI refusal-related suspension simply cannot receive an OLL.
If a person is caught driving when Pennsylvania privileges are suspended because of a chemical test refusal, the person is generally charged with Driving Under Suspension DUI-related, in violation of 75 Pa.C.S.A. § 1543(b)(1). If convicted, such a person faces a mandatory minimum sentence of 60 to 90 days incarceration and a $500.00 fine. If the person’s driving privileges were under suspension at the time of driving, the person receives an additional 12 month suspension of driving privileges. However, if the driving privileges were revoked, then the suspension is for an additional 2 year period.