In the commonwealth of Pennsylvania, if you have been found guilty of a DUI or certain traffic offenses, you may still be allowed to drive a vehicle but an ignition interlock must be installed for the duration of your sentence. An ignition interlock is installed in a vehicle which makes it inoperable until certain requirements are fulfilled. defending dui cases These may include breathing into a breathalyzer to make sure that no alcohol is present in your system before driving. As of August 25, 2017, Act 33 officially became an enforceable law making it is mandatory for first time DUI offenders with a high BAC, repeat DUI offenders and people who refuse chemical testing to have an ignition interlock be installed in their vehicle. Act 33 also established an ignition license limited license which only allows the individual to operate vehicles with the interlock installed. On the physical license, there are big red letters saying "Limited License" and in the yellow outline of the state the words "Ignition Interlock" are written. This allows law enforcement to easily identify drivers who are only allowed to operate vehicles with the interlock system on.
Ignition Interlock is not permissible as a result of DUI convictions. Sometimes an individual will be required, for employment purposes, to drive a vehicle for which it is not feasible to install an Ignition interlock device. Defending DUI § 1556(k) provides for an employment exemption that allows for the individual to drive employment vehicles "in the course and scope of employment without installation of an ignition interlock system." In order to do so, the employer must sign a PennDOT provided affidavit (DL-3805), which also must be notarized, stating that the employer is aware that the employee's license is restricted. The employee must carry this notarized form at all times while driving the employment vehicle. The employment exemption does NOT apply when the employee is able to use the employer vehicle for personal use. An individual using any vehicle for personal use must be driving a vehicle with the Interlock device. The employment exemption also does not apply when the employer vehicle is owned by the employee, or an entity that is wholly or partially-owned by the employee. (In other words, a small business owner cannot use the employment exemption to avoid the II requirement in his small business vehicle). Lastly, the employment exemption does not apply to school buses, school vehicles, or vehicles designed to transport more than 15 people. There are costs associated with ignition interlocks as a result of DUI convictions. According to PennDOT, the average cost of leasing an Ignition Interlock device to comply with the requirement is $900 to $1300 per year. The devices are installed by private vendors, which must be on the approved list at padui.org. Some, if not all, of the vendors allow for payment plans to cover the costs. Costs include installation fees, removal fees, monthly lease fees, and calibration fees.
To petition for applying for an Ignition Interlock for a DUI first the individual must have received an official notice of suspension or revocation from PennDOT. This notice must then be presented to an approved Ignition Interlock vendor. The approved vendors are listed at the Pennsylvania DUI Association website at padui.org. The vendor will then install the Interlock in all vehicles to be operated by the individual looking to have the device installed. Under the new law, the device must be installed on all vehicles to be operated by the individual. This differs from the previous law surrounding Interlock devices, which required the device to be installed on all vehicles owned or registered to the individual. driving crimes If no vehicles are owned or will be operated by the individual, they must certify this to PennDOT using the appropriate forms. A vendor can charge a fee, at its discretion, for the service of certifying that no vehicles are owned by an individual. PennDOT will not issue an Interlock device until it receives the DL-1908SC form, which is a self-certification that the device has been installed on all vehicles to be operated by the individual. This form also must be signed by an authorized employee of the vendor who installed the device. The application fee is currently $65 and non-refundable.
Act 33 of 2016 dealing with ignition interlock was passed on May 25, 2016 and went into effect 15 months later - August 25, 2017. Act 33 created a new section to set out the terms of the new Ignition Interlock law. It requires those with suspended licenses due to DUI or chemical testing refusals to install an Ignition Interlock device on all vehicles they will be operating. An individual with an Ignition Interlock still is considered to have a suspended license. DUI first offense Act 33 applies the Interlock requirement to even first-time offenders if they had a BAC of .10 or higher or are convicted of a controlled substance DUI. It does not apply to first-time offenders convicted under § 3802(a)(1) - general impairment, or §3802(a)(2) - BAC .08 to <.10. It also does not apply to those accepted into the ARD program - as of now, those individuals do not need to install the Interlock device and must serve the entirety of their (shortened) license suspension of 30, 60, or 90 days. (However, Act 30 of 2017 changed this, and effective October 20, 2018, individuals placed on ARD may, but are not required to, install the II in order to drive immediately).
Ignition Interlock laws in PA are undergoing huge changes. Pennsylvania Act 33 of 2016 amended Title 75 (Vehicle Code) to create a new "Ignition Interlock Limited License". In Pennsylvania, an Ignition Interlock device prevents a vehicle from being started unless the operator provides a breath sample indicating a BAC of less than .025%. These devices have been around for decades, but they are being increasingly used around the world to combat drunk driving. At this time, the devices used in Pennsylvania cannot detect drugs besides alcohol. DUI marijuana The new law creating the Ignition Interlock Limited License requires more individuals convicted of DUI (for both alcohol and drugs) to install the Ignition Interlock, but it also allows those drivers to get back on the road much sooner. Specifically, suspension times can be cut in half so long as the ignition interlock device is installed on a defendant's vehicle.