NEW PA IGNITION INTERLOCK LICENSE LAW

According to MADD, ignition interlocks helped prevent 1.77 million DUI’s nationwide and 78,210 potential DUIs in Pennsylvania. Pennsylvania is now the 26th state to require that ignition interlocks be installed on the vehicles of convicted, 1st-time DUI offenders.

Senate Bill 290, signed into law on May 23, 2016, effectively does two things. First, it requires most convicted, first-time DUI offenders to have an ignition interlock system installed in their vehicles. Second, it allows DUI offenders to regain their driving privileges without serving their full license suspension through the issuance of Ignition Interlock Limited Licenses.

Ignition Interlock System Required for 1st Offense, High and Highest Tier DUI Convictions

The bill imposes a requirement upon those convicted of a 1st DUI offense with a Blood Alcohol Content (BAC) of above .10% to have an ignition interlock installed and used in their vehicles for a one-year period. Those who have a BAC of .099% or below, or have been convicted of a DUI General Impairment offense, will not be subject to the interlock requirement.

This ignition interlock requirement does not apply to 1st DUI offenders who are admitted into the Accelerated Rehabilitative Disposition (ARD) program. On top of approximately $1,000-$2,000 in fines and court costs, convicted offenders can now expect to pay a $70-$150 ignition interlock system installation fee and a $60-$80 monthly maintenance fee.

Ignition Interlock Limited License for Convicted 1st-Time DUI Offenders

An Ignition Interlock Limited License (IILL) allows a person to operate a vehicle properly equipped with an Ignition Interlock System. As a major benefit for 1st-time convicted DUI offenders who are not eligible for ARD, Senate Bill 290 now permits qualified 1st DUI offenders to obtain an ignition interlock license during the period of suspension.

Eligibility for an Ignition Interlock Limited License

Section 1556 of the Motor Vehicle Code allows a DUI convicted driver to drive vehicles equipped with the proper ignition interlock equipment. To be eligible, the applicant must:

Be suspended or revoked for a DUI offense occurring in Pennsylvania, or a similar offense in another state; or
Be suspended or revoked for refusing a blood/breath test; and
Must provide proof to PennDOT that any vehicle to be operated by the individual is equipped with an approved ignition interlock system.

A person is ineligible to obtain an IILL if he/she:

Was not previously licensed in any state;
Is required to take an examination;
Has his or her driving privileges cancelled or recalled;
Has an unsatisfied judgment as a result of a motor vehicle accident;
Is applying for an IILL for the purpose of operating a commercial vehicle;
Is disqualified under the Commercial Motor Vehicle Safety Act or the Motor Carrier Safety Improvement Act;
Was convicted for Homicide by Vehicle or Homicide by Vehicle While DUI, and the suspension occurs as a result of that conviction.

How Long Must I Wait to Qualify for an Ignition Interlock Limited License?

Section 1556(f) sets forth the time with which a DUI suspended driver must wait to obtain an Ignition Interlock Limited License. This waiting period is determined by the type DUI offense you have faced as well as the number of prior offenses you have.

Chemical test refusals are found at Section 1547 of the Vehicle Code, and DUI-BAC suspensions are found at Section 3804 of the Vehicle Code.

Lowest Tier DUI Offenses – General Impairment DUI and BAC of .08-.099%

· 1st Offense: No license suspension or ignition interlock requirement

· 2nd Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL

· 3rd or Subsequent Offense: 12 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

Middle Tier Offenses – DUI for Minors with BAC of .02%, BAC of .10-.159% and General Impairment DUI with Accident Causing Injury or Property Damage

· 1st Offense: 12 month suspension with immediate eligibility for IILL

· 2nd Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL

· 3rd or Subsequent Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

Highest Tier Offenses – DUI with .16% BAC or Higher, DUI with Drugs, and DUI Refusal of Blood or Breath Test

· Highest Tier – 1st Offense (BAC of .16% or higher): 12 month suspension with immediate eligibility for IILL

· Highest Tier – 2nd Offense (BAC of .16% or higher): 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

· Highest Tier – 3rd Offense (BAC of .16% or higher): 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

· Chemical Test Refusal – 1st Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL

· DUI Chemical Test Refusal – 2nd Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

· DUI Chemical Test Refusal – 3rd or Subsequent Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL

Can I Obtain an Ignition Interlock Limited License if I’m on ARD?

ARD participants will not qualify for an Ignition Interlock Limited License, and will have to serve any license suspension in full. As a condition of participation in the Accelerated Rehabilitative Disposition (ARD) program, lowest-tier participants (general impairment or .08-.099% BAC) face no license suspension, high tier participants (.10-.159% BAC) face a 30 day suspension, highest tier participants (.16% or higher BAC, no BAC due to refusal or accident) face a 60 day suspension, and minor participants face a 90 day suspension.

However, successful ARD participants will earn the dismissal of their charges, and will not have to have an ignition interlock system installed on their vehicles at the conclusion of their suspension.

Application for an Ignition Interlock Limited License

In order to apply for an IILL, a petition must be filed via certified mail with PennDOT with proof of the interlock system installation for all vehicles that the applicant will drive. The applicant must also surrender his or her license, provide proof of insurance, and pay an application fee of $65. PennDOT then has 20 days thereafter to issue the license or deny the application.

Revocation of Ignition Interlock Limited License

If an IILL driver is convicted of any offense that carries a driver’s license suspension, or fails to comply with the requirements of a treatment program, PennDOT may either recall the IILL, or extend the IILL requirements for an additional period of time, up to the original length of suspension. For example, a first DUI offender who fails to complete court-ordered treatment faces an original 12-month suspension, and an additional IILL extension for a total of 24 months.

Positive BAC Readings Recorded on Ignition Interlock Equipment

At the end of your suspension period, to no longer be subject to the ignition interlock license requirements, the vendor who installed your device will have to certify to PennDOT that you have not attempted to start the vehicle with a positive BAC reading of above .08%, that you have not taken or passed a re-test, or that you have not missed a required repair or inspection appointment within the last 2 months. The failure to comply with those terms can lead to your interlock requirements being extended.

Conclusion

The new ignition interlock law will have little impact upon the vast majority of 1st-DUI offenders who enter the ARD program. However, the act does provide some relief to convicted DUI offenders by allowing them to gain an IILL immediately, or after serving roughly half of their original suspension length. Most of the provisions will not go into effect until August of 2017.

If you’re facing a 1st Offense DUI in Pittsburgh, call the Zuckerman Law Firm today at 412-447-5580 for a free consultation.