Your license after a DUI arrest in Pennsylvania

This is the case that moves first. It runs at Court of Common Pleas, via the county Prothonotary. The suspension itself is issued by PennDOT, but the challenge is filed with the court, not with PennDOT., not at the court, and it is decided on a different question from whether you are guilty of anything.

calendar days to
request a hearing

Counted from the date you were served notice. Those are not always the same day.

The suspension becomes final and the right to appeal is generally lost. Filing and serving a timely petition operates as a supersedeas under § 1550(b)(1)(i), holding the suspension while the appeal is pending — but subsection (b) carves out categories where no automatic stay applies, so this must not be stated unconditionally.

75 Pa.C.S. § 1550(a), (b)(1)(i)

Requesting the hearing is the step with a hard deadline and no second chance. It is also the step most people hand to a lawyer, because it is usually the first thing one does for you.

DUI lawyers in Pennsylvania

Restricted driving and interlock

These are choices, not just penalties. Where one applies, filing the paperwork can change what happens to your driving rather than only adding to it, and most people do not know they can elect it.

Accelerated Rehabilitative Disposition (ARD)

Diversion program, not offered everywhere

75 Pa.C.S. § 3802(h); Act 58 of 2025

Where
Depends on the county
Read the full requirement

BLOCKED — eligibility not yet retrieved. ARD is Pennsylvania's pre-trial diversion programme for first-time DUI defendants, historically allowing charges to be dismissed and the record expunged on completion. Act 58 of 2025 changed its long-term consequence: a completed ARD now counts like a prior conviction for sentencing if the person reoffends within ten years, via the new § 3802(h). Eligibility is administered by each county district attorney and varies between counties, so this is genuinely county_specific. Retrieve the statutory basis, the standard eligibility criteria, and confirm how county variation works before verifying.

Ignition interlock driver's license

Restricted driving privilege

75 Pa.C.S. § 3805.1

Where
Statewide
Read the full requirement

BLOCKED — new programme, not yet retrieved. § 3805.1 was ADDED by Act 36 of 2026, effective July 20, 2026, creating an ignition interlock driver's licence with an online application portal, vehicle-to-vehicle device transfers, and department discretion to credit time toward the interlock term when a completion report arrives late. This is a brand-new programme with virtually no consumer-facing explanation anywhere — a genuine content opportunity once the text is read. Retrieve § 3805.1 in full, plus the related § 3805.2 portal provisions, before staging anything.

Occupational limited licence — NOT available after a DUI

Restricted driving privilege

75 Pa.C.S. § 1553

Where
Statewide
Read the full requirement

An occupational limited licence, which permits limited driving for work and similar necessities, is expressly NOT available where the suspension is based on a DUI under § 3802 or a chemical-test refusal under § 1547. Many drivers assume an OLL is the standard route back to limited driving and it is not, for exactly the offences this site covers. The ignition interlock limited licence under § 3805.1 is the only route to driving before full restoration in a DUI case. REVIEWER: confirm the exclusion language directly in § 1553 before verifying, since stating a relief is unavailable when it is in fact available would be a costly error in the opposite direction.

What to do this week

  1. 01

    Find the notice you were given

    It is usually the document that starts this clock, and it often doubles as a temporary permit.

  2. 02

    Work out the date

    Count 30 calendar days from the date you were served notice. Put a reminder several days before it falls, not on the day.

  3. 03

    Request the hearing

    It goes to Court of Common Pleas, via the county Prothonotary. The suspension itself is issued by PennDOT, but the challenge is filed with the court, not with PennDOT., by File a Petition for Appeal with the Prothonotary of the Court of Common Pleas in the county. A filing fee typically applies. This is a civil proceeding, separate from the criminal DUI case.. Missing it ends the matter without anyone reviewing it.

Last reviewed September 15, 2026

Sources

75 Pa.C.S. § 1550(a), (b)(1)(i) · 75 Pa.C.S. § 1553 · 75 Pa.C.S. § 3802(h); Act 58 of 2025 · 75 Pa.C.S. § 3805.1

This page is general information, not legal advice. Statutes change. Confirm anything you rely on with a licensed Pennsylvania attorney.