Your Temporary License After DUI

Understanding how temporary licenses work after a DUI arrest is crucial. Learn how long they last, what restrictions apply, and what happens when they expire.

Your Temporary License Expires Soon

Most temporary licenses last only 7-30 days depending on your state. If you don't request a DMV hearing before the deadline, your license will be automatically suspended when the temporary permit expires. Check your paperwork for the exact expiration date.

What is a Temporary License?

After a DUI arrest, the officer typically confiscates your physical driver's license and issues a temporary license or suspension order that also serves as a temporary driving permit.

What It Is

  • A piece of paper (pink slip, DS-367, or similar form) that acts as your temporary license
  • Allows you to continue driving for a limited time (usually 7-30 days)
  • Includes information about your DUI arrest and suspension notice
  • Shows the deadline to request a DMV hearing
  • Must be carried with you when driving (along with another form of ID)

What It's NOT

  • Not a permanent solution—it expires quickly
  • Not valid for air travel (it's not a valid ID for TSA)
  • Not renewable in most states once it expires
  • Not valid if you miss the DMV hearing request deadline
  • Not accepted in all states if you're traveling

Important: Some states (like Arizona for refusal cases) do NOT issue temporary licenses at all—your license is suspended immediately. Check your state's specific rules.

How Long Does It Last?

Temporary license duration varies significantly by state. Here are the most common durations:

California
Failed test: 30 days
Refusal: 30 days
Texas
Failed test: 40 days
Refusal: 40 days
Florida
Failed test: 10 days
Refusal: None (immediate)
New York
Failed test: 20 days
Refusal: None (immediate)
Arizona
Failed test: 15 days
Refusal: None (immediate)
Colorado
Failed test: 7 days
Refusal: 7 days
Georgia
Failed test: 45 days
Refusal: 30 days
North Carolina
Failed test: 30 days
Refusal: 30 days
Tennessee
Failed test: 10 days
Refusal: 10 days
Ohio
Failed test: 30 days
Refusal: 30 days
Pennsylvania
Failed test: 30 days
Refusal: 30 days
Illinois
Failed test: 46 days
Refusal: None (immediate)
7-15 days
Short-duration states (CO, TN, FL)
20-40 days
Medium-duration states (CA, TX, NY)
45+ days
Long-duration states (GA, IL)

What Happens When Your Temporary License Expires

The outcome depends on whether you requested a DMV hearing within the deadline.

Scenario 1: You Requested a Hearing (Good!)

If you requested a DMV hearing within the deadline, your driving privileges are typically extended until your hearing date or decision.

  • You can keep driving past the temporary license expiration date
  • Your license remains valid until the hearing decision is made
  • This "stay" typically lasts 2-6 weeks (until your hearing)
  • If you win the hearing, your license is not suspended at all
  • If you lose the hearing, suspension begins immediately or after a few days

What to carry: After your temporary license expires but before your hearing, carry your expired temporary license plus the DMV hearing request confirmation as proof you requested the hearing.

Scenario 2: You Didn't Request a Hearing (Bad)

If you missed the deadline to request a hearing, your license is automatically suspended when the temporary license expires. No extensions, no warnings.

  • Your license is suspended the moment the temporary permit expires
  • Driving after expiration = driving on a suspended license (criminal offense)
  • You cannot contest the suspension after the deadline passes
  • Suspension lasts 30 days to 1 year (or longer for refusal)
  • You may apply for a hardship license after a waiting period

Critical: If you're caught driving after your temporary license expires and you didn't request a hearing, you'll face additional criminal charges, fines up to $5,000, possible jail time, and extended suspension.

Restrictions While Using Temporary License

Even though you can drive with a temporary license, there are important restrictions and requirements.

You MUST:

Carry It With You

The temporary license must be in your possession whenever you drive. Failure to produce it can result in additional citations.

Carry Additional ID

The temporary license isn't a photo ID. Carry a passport, work ID, or other photo ID alongside it to prove your identity.

Know Expiration Date

The expiration date is printed on the temporary license. Mark it on your calendar and set reminders—this is critical.

Follow All Traffic Laws

Any additional traffic violations while on a temporary license can result in immediate suspension or arrest.

You CANNOT:

Use It for Air Travel

TSA won't accept a temporary license for domestic flights. You'll need a passport or other REAL ID-compliant document.

Use It for Age Verification

Most bars, liquor stores, and age-restricted venues won't accept the temporary license as proof of age since it has no photo.

Renew or Extend It

In most states, temporary licenses cannot be renewed or extended. Once it expires, you must either have requested a hearing or face suspension.

Drive Out of State (Sometimes)

Some states don't recognize out-of-state temporary licenses. Check before driving across state lines.

Common Questions

What if I lose my temporary license?

Contact your state DMV immediately to request a duplicate. Driving without it in your possession can result in citations. Keep a photocopy or photo on your phone as backup, but you still need the original.

Can I get my physical license back before the case is resolved?

Generally no. The officer submitted your physical license to the DMV. If you win your DMV hearing, the DMV will return it or issue a replacement. If you win your criminal case but lost the DMV hearing, you still won't get it back until the suspension period ends.

Does the temporary license work in other states?

It depends. Some states honor temporary licenses from other states under interstate compacts, but many don't. If you need to drive out of state, consult an attorney or contact that state's DMV beforehand.

Can police officers verify my temporary license is valid?

Yes. When an officer runs your information, it will show you have a temporary license on file and its expiration date. The paper itself has security features and unique identifiers that officers can verify.

What if my temporary license expires before my hearing date?

As long as you requested the hearing within the deadline, your driving privileges are extended beyond the temporary license expiration. Keep the expired temporary license and your hearing request confirmation as proof. If stopped, explain you're awaiting your hearing.

Can I rent a car with a temporary license?

Most major rental car companies will NOT accept a temporary license because it lacks a photo and is considered provisional. You'll need a valid, unexpired photo driver's license to rent a vehicle.

Don't Let Your Temporary License Expire Without Taking Action

The deadline to request a DMV hearing is printed on your temporary license. Missing it means automatic suspension. Connect with an attorney now to protect your driving privileges.

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