An interim license is a temporary document issued by your state's Department of Motor Vehicles after you've been arrested for driving under the influence, not a special license that permits drinking and driving
When you're arrested for DUI or DWI, the arresting officer typically takes your physical driver's license on the spot. Your state's DMV then issues an interim license — a temporary paper or plastic document that lets you drive legally while your case is pending. This interim license is not permission to drink and drive. It's a replacement ID that proves you have the right to operate a vehicle during the administrative process that follows arrest.
The interim license serves one purpose: it keeps you from driving without a valid license while the state decides whether to suspend your driving privileges. Whether you receive one, how long it lasts, and what restrictions it carries depend entirely on your state's DUI laws and the specific circumstances of your arrest.
Key Takeaways
- An interim license is a temporary replacement document issued by your state DMV after a DUI arrest, not a permit to drive while impaired.
- You typically receive an interim license only if you request one or if your state automatically issues one; in some states you must act within a specific number of days or you lose the right to drive.
- The interim license remains valid only until your DMV hearing or until your license suspension takes effect, which varies by state from a few days to several months.
- Driving under the influence while holding an interim license carries the same criminal penalties as any other DUI, plus additional charges for violating the terms of your license.
How the interim license is issued after arrest
The process begins at the moment of arrest. The officer confiscates your physical license and gives you a notice of suspension or revocation. This notice itself often serves as a temporary driving permit for a limited period — usually 7 to 30 days depending on your state. During this window, you can drive legally while you arrange your next steps.
To obtain an actual interim license document, you must contact your state's DMV directly. Some states require you to request one in person at a DMV office; others allow you to request one by mail or online. The DMV will issue the interim license if you meet your state's requirements, which typically include having a valid Social Security number, proof of identity, and proof of residency. You usually pay a fee for the interim license, ranging from $10 to $50 depending on your state.
The timing matters. In many states, you have only 10 to 15 days from the date of arrest to request an interim license, or you forfeit your right to drive until your case is resolved. Missing this important date can mean months without legal driving privileges, even if you're ultimately found not guilty or the charges are dismissed.
What restrictions come with an interim license
An interim license is not an unrestricted license. Your state will impose conditions based on the circumstances of your arrest. The most common restriction is an ignition interlock requirement — a device installed in your vehicle that requires you to blow into a breathalyzer before the engine will start. If the device detects alcohol, the car will not start, and the event is recorded.
Other restrictions may include a requirement to attend a DUI education program, a prohibition on driving between certain hours, or a requirement to carry proof of insurance at all times. Some states restrict you to driving only to work, school, medical appointments, or court-ordered programs. Violating any of these restrictions can result in when ready suspension of your interim license and additional criminal charges.
The restrictions remain in place until your DMV hearing, which is separate from any criminal court proceedings. At the DMV hearing, an administrative judge will decide whether to uphold the suspension, reduce it, or dismiss it based on the evidence presented.
How long an interim license lasts
An interim license is temporary by definition. It remains valid only until one of three things happens: your DMV hearing concludes, your license suspension takes effect, or the interim period expires. The length of this period varies significantly by state.
In some states, an interim license lasts only 30 to 45 days. In others, it can remain valid for several months if your DMV hearing is delayed. The hearing itself is usually scheduled within 10 to 30 days of your arrest, but court backlogs can push that timeline much further. If the DMV hearing results in a suspension, your interim license ends when ready and your driving privileges are suspended for a period set by state law — typically 3 months to 1 year for a first offense, longer for repeat offenses.
If you win your DMV hearing and the suspension is dismissed, your interim license remains valid until it expires naturally or until your criminal case is resolved, whichever comes first. Some states automatically convert an interim license to a regular license if the suspension is dismissed; others require you to visit the DMV to obtain a new regular license.
The difference between an interim license and a hardship license
An interim license and a hardship license are not the same thing, though both allow you to drive after a DUI arrest. An interim license is issued automatically or upon request as a temporary measure while your case is pending. A hardship license is a restricted license you can request after your suspension takes effect, if you can demonstrate to the court that driving is essential for work, school, medical care, or other critical needs.
To obtain a hardship license, you must file a petition with the criminal court (not the DMV) and prove that the suspension causes genuine hardship. You'll need to show documentation such as a job offer letter, proof of enrollment in school, or medical records. The judge has discretion to grant or deny the petition. If granted, a hardship license typically allows you to drive only to the specific locations you listed in your petition — work, school, medical appointments — and nowhere else.
An interim license requires no hardship showing; it's a standard administrative document. But it also expires sooner and carries more restrictions. If your suspension is upheld at your DMV hearing, you can then pursue a hardship license to maintain some driving privileges during the suspension period.
What happens if you drive under the influence while holding an interim license
Driving under the influence while holding an interim license is treated as a separate criminal offense in most states. You face the same DUI charges as you would on any other license, plus additional charges for violating the terms of your interim license. This can result in a second DUI charge, a probation violation, or both.
The consequences are severe. A second DUI within a certain period (usually 5 to 10 years) carries mandatory minimum jail time in most states, higher fines, longer license suspension, and a requirement to install an ignition interlock device for a longer period. You may also face charges for driving with a suspended or revoked license, which is a separate misdemeanor or felony depending on your state and prior record.
Additionally, a second arrest while on an interim license will almost certainly result in when ready revocation of that interim license and a longer overall suspension period. Your criminal defense attorney and your DMV hearing will both take the second arrest into account when determining penalties.
How to request an interim license in your state
The process varies by state, so you must contact your state's DMV directly to learn the specific steps. Most states provide information on their DMV website, including the forms you need, the fees involved, and the important date for requesting an interim license.
Generally, you will need to provide: your name, date of birth, and driver's license number; proof of identity (passport, state ID, or other government-issued ID); proof of residency (utility bill, lease, or bank statement); your Social Security number; and payment for the interim license fee. Some states require you to appear in person at a DMV office; others accept mail-in or online requests.
If you were arrested for DUI, contact your state's DMV when ready — do not wait. The important date to request an interim license is often 10 to 15 days from arrest. Missing this important date means you cannot drive legally until your case is resolved, which can take months. Your criminal defense attorney can also advise you on the interim license process and help you understand your state's specific requirements.
Frequently Asked Questions
Can I drive out of state with an interim license?
Most states recognize interim licenses only within that state's borders. If you travel to another state, you may not be able to drive legally. Some states have reciprocal agreements, but this varies. Contact your state's DMV or your attorney before driving across state lines with an interim license.
What if I miss the important date to request an interim license?
If you miss the important date, you typically cannot drive legally until your DMV hearing is held or your case is resolved. In some states, you can petition the DMV for a late request, but approval is not may provide. Contact your state's DMV when ready to ask about your options.
Does an interim license mean I will not lose my license?
No. An interim license is temporary and does not determine the outcome of your DMV hearing. The hearing officer will decide whether to suspend your license based on the evidence. An interim license straightforward allows you to drive while that decision is pending.
Can I get an interim license if I refused the breathalyzer test?
Yes, in most states. Refusing a breathalyzer test does not disqualify you from an interim license. However, refusal is often treated as an admission of guilt in the DMV hearing, and it may result in a longer suspension period if the hearing officer rules against you.
What happens to my interim license if I am found not guilty?
If you are found not guilty in criminal court, your interim license remains valid until it expires naturally. Some states automatically convert it to a regular license; others require you to visit the DMV. The DMV suspension is separate from the criminal case, so you may still have a DMV hearing even if you win in criminal court.