Can I drive during a DUI suspension in Pennsylvania, and what changes with the new ignition interlock license?

Last updated October 4, 2026.

Usually only with an ignition interlock license, because PennDOT will not issue an Occupational Limited License for a DUI or refusal suspension. Today that means the Ignition Interlock Limited License under 75 Pa.C.S. 1556, which you may apply for at different points depending on the suspension. Act 36 of 2026 repeals that license and replaces it with an ignition interlock driver's license under a new section 3805.1, effective 16 months after the act was signed on July 20, 2026, which falls in November 2027.

So the answer depends on when you apply. This page lays out the current license, the new one, and what stays the same. For how a suspension starts in the first place, see our DUI defense page. Refusal suspensions have their own rules, covered on our page about refusing a breath or blood test.

Why can't I get an occupational license?

PennDOT's Occupational Limited License FAQ says the department can no longer issue that license to a driver suspended for a refusal under 75 Pa.C.S. 1547 or for a DUI, and it lists ARD DUI suspensions as ineligible until the suspension is fully served. The interlock license is the route the legislature built for these suspensions.

Who can get the Ignition Interlock Limited License today?

Section 1556 stays in force until the repeal takes effect. Its current text, which Act 36 sets out in full as it repeals it, gives these eligibility points:

To apply, PennDOT's page says you complete the Ignition Interlock Limited License petition and mail it by certified mail to the Bureau of Driver Licensing in Harrisburg; it cannot be brought to a driver license center. The petition needs proof that an approved interlock is installed in each vehicle you will drive and proof of insurance for each one. Under 1556, PennDOT issues the license within 20 days of receiving a complete petition if you qualify.

Act 36 also changed one thing right away. Starting 30 days after it was signed, and until the new license takes effect, PennDOT must set your limited license eligibility date at the same time as your interlock restricted license date, and must give vendors an electronic form to verify those dates, with a copy to you at no charge. During the same period the vendor is responsible for installing the device within a reasonable time of your eligibility date (Act 36, section 11).

A second piece also took effect at once. PennDOT must issue a certificate showing that a person is authorized to drive only a vehicle with a working interlock: to new applicants within 30 days, and to people who already hold an Ignition Interlock Limited License or an interlock restricted license within 90 days, counted from the act's approval (3805.1(b)(8)(v); Act 36, section 12). If you hold one of those licenses and have not received a certificate by mid-October 2026, ask PennDOT about it.

What changes with the new ignition interlock driver's license?

The treatment court route is new. A person in a treatment court certified by the Administrative Office of Pennsylvania Courts can qualify, with the court reporting participation to PennDOT (3805.1(a)(3)). Our page on whether treatment or house arrest can replace jail for a second DUI explains which treatment courts Delaware County lists today. Commercial drivers should read what a DUI means for a commercial driver's license, since neither interlock license covers a commercial vehicle.

The new law also controls installation. You will need PennDOT's restoration requirements letter with an eligibility date before a vendor installs and charges for a device, and a vendor generally may not charge for an installation done more than 30 business days before that date. With proof of the appointment, you may drive one vehicle directly from home to the installer and back (3805.1(c)).

One more difference: a person who picks up another suspension after receiving the DUI or refusal notice, and before the new license is issued, is not eligible (3805.1(a)(2)).

How long does the interlock requirement last?

Under the current version of 75 Pa.C.S. 3805, a person may get a license without the interlock restriction one year after the interlock restricted license is issued, and time on a limited license counts toward that year. After the change, 3805(e.1) describes a one-year or 18-month interlock term counted from restoration, with credit starting on the date the ignition interlock driver's license is issued. A DUI and a refusal from the same incident produce only one interlock term (3805(e.2)). Which suspension starts when is explained in when PennDOT suspends your license after a DUI.

Either way, the interlock stays until the vendor files a declaration of compliance showing no failed start attempt at 0.08% or more, no missed retest and no missed service appointment in the prior 60 days, or 30 days for a 30-day ARD suspension under 3807(d)(2) (3805(h.2)). PennDOT's page describes today's rule as the last two months, and 30 days for a limited license based on an ARD suspension.

What if my job requires driving a company vehicle?

Both versions of the law allow an employment exemption. You may drive an employer-owned vehicle in the course of your job without an interlock if the employer has been notified and you carry the employer's notarized acknowledgment on PennDOT's form. The exemption does not cover a company vehicle available for personal use, a vehicle owned by a business you own or control, a school bus or school vehicle, or a vehicle designed to carry more than 15 passengers (3805(f)).

What happens if I drive without the interlock?

• Driving without a required device is a misdemeanor with a $300 to $1,000 fine and up to 90 days in jail (75 Pa.C.S. 3808(a)(1)).
• Doing so with a blood alcohol of 0.025% or more, or with certain controlled substances, is a third-degree misdemeanor with a $1,000 fine and at least 90 days (3808(a)(2)).
• Tampering with a device, including having someone else blow into it, carries a $300 to $1,000 fine and up to 90 days (3808(b)).

A conviction also extends the interlock period, and a second one during the same period brings a one-year suspension (3808(c)). If you are in ARD, keep in mind that a new charge can end the program too; see how DUI ARD works in our three counties. For what the device and the license add to your total, read what a DUI costs beyond the fine.

Driving with no license at all during the suspension is worse. Driving while suspended for a DUI, a refusal or an ARD suspension carries a $500 fine and 60 days in jail on a first conviction, and more with alcohol in the blood (75 Pa.C.S. 1543(b)(1) and (1.1)).

What changes the answer?

• Which suspension you have. A DUI conviction, a refusal and an ARD suspension each have their own eligibility point under 1556 today, as the first table shows.
• A prior offense. A first 12-month conviction suspension with no prior offense allows an immediate application; a repeat offense means waiting 6 or 9 months (1556(f)(2)). Our second DUI offense page covers the other consequences of a repeat case.
• The date you apply. Until about November 20, 2027, the 1556 limited license applies; after that date, the new 3805.1 license does. Plan any application that straddles that date with a lawyer.
• Another suspension. Under the new law, picking up another suspension after the DUI or refusal notice and before the license is issued makes you ineligible (3805.1(a)(2)).
• Treatment court. Participation in a certified treatment court is a new path to the license after the change (3805.1(a)(3)).
• Where you live. Pennsylvania's licenses cover Pennsylvania privileges; drivers licensed in another state should read what happens when an out-of-state driver gets a Pennsylvania DUI.

For example: a first high-tier DUI conviction

Here is a hypothetical. A driver with no prior offense is convicted in late 2026 of a first DUI at 0.12%, a tier that carries a 12-month suspension. Under today's 1556, that driver may apply for the Ignition Interlock Limited License right away. The driver has an approved device installed in each car they will drive, gathers proof of insurance for each one, and mails the petition by certified mail to the Bureau of Driver Licensing. PennDOT issues the license within 20 days of a complete petition.

The driver then drives only interlock-equipped cars, keeps every service appointment, and avoids failed starts, because the vendor's declaration of compliance depends on a clean final stretch. This example uses today's rules; if any later step falls after the November 2027 change, the new rules in the comparison table govern that step. It is only an illustration; every case depends on its own facts.

What mistakes do people make with the interlock license?

• Taking the petition to a driver license center. Under today's law it must be mailed by certified mail to Harrisburg.
• Equipping only one car. The device must be in every vehicle you will drive.
• Driving before the license is issued. Installation alone does not authorize driving; the suspension rules still apply until PennDOT issues the license.
• Letting someone else blow into the device. That is tampering under 3808(b), a misdemeanor.
• Missing a service appointment or retest. Either one can delay the declaration of compliance that ends the interlock period (3805(h.2)).
• Assuming an occupational license is available. PennDOT no longer issues one for DUI or refusal suspensions.

What should I do this week?

1. Find every PennDOT notice and note the type of suspension, its length and its effective date.
2. Check the first table to see when you may apply today.
3. List every vehicle you will need to drive, and confirm insurance for each.
4. If your job involves a company vehicle, ask your employer about the notarized acknowledgment form.
5. Get PennDOT's restoration requirements before paying for any installation.
6. If you also face a criminal case, keep the court dates in view; our first-week checklist after a DUI arrest in Delaware County covers both tracks.

Frequently asked questions

Do I need an interlock after ARD?

For an ARD suspension under 3807(d), the current law makes the limited license available but not required for the whole suspension (1556(f)(3)). Many ARD cases carry no suspension at all; the BAC tier decides it, as explained in whether to accept ARD or fight a DUI.

Can I drive my own car to get the device installed?

Under the new law, yes, one vehicle, directly from home to the installer and back, with proof of the appointment (3805.1(c)). Until then, follow PennDOT's current instructions and do not drive while suspended.

How long will I have the interlock?

Today, one year from issuance of the interlock restricted license, with credit for time on a limited license, and only after a clean declaration of compliance (3805). After the change, a one-year or 18-month term counted as described in 3805(e.1).

Does a third DUI change the interlock rules?

A third offense brings an 18-month suspension, which today means waiting 9 months before applying (1556(f)(2)(iii)). The grading and jail side is covered in whether a third DUI is a felony in Pennsylvania.

Where do I find my suspension dates?

On PennDOT's notices, which show each suspension's length and effective date. If letters arrived at different times, our page on when PennDOT suspends your license after a DUI explains the order.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about your suspension and your options for driving.