The habitual offender law found in section 1542 of the Vehicle Code mandates a revocation of your driving privileges for 5 years. There is a difference between revocation and suspension. The OLL law, found in section 1553 of the Vehicle Code, expressly provides that PennDOT "shall not issue an occupational limited license to drivers whose operating privileges have been recalled, canceled or revoked." Therefore, you are not eligible to receive an OLL for the 5 year revocation. With regard to the DUI offenses, the OLL is not available to third offenses. With regard to second offenses, a person is only eligible for an OLL if they were in the highest tier of penalties, in which case the license suspension would have been 18 months. In such a situation, a person is eligible to receive an OLL on the second offense after serving 12 months of the suspension, so, in my opinion, the best case scenario for you is a possible OLL for six months. Assuming you were in the highest range of penalties on your second offense and received an 18 month suspension, I am not sure if the habitual offender revocation may still prohibit you from obtaining an OLL.
With regard to a probationary license, you are not eligible to receive same. Under the "unauthorized issuance" section of the Probationary License law, found in sectoin 1554(f)(8) of the Vehicle Code, a "person who has been convicted of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or former section 3731, within the preceding seven years" is prohibited from receiving an probationary license. Since you have been convicted of a DUI within the preceding 7 years, you are not eligible to receive a probationary license.
Regretfully, while we have an OLL and a probationary license, most people that truly need them are not eligible to obtain them.
Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801
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