Ignition Interlock Devices
Pennsylvania Consolidated Statute § 3801 defines an ignition interlock device, commonly known as an IID but referred to in the statute as “ignition interlock system,” as a “system approved by the department which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.025%.”
Senate Bill 290 amended Title 75 of the Pennsylvania Consolidated Statutes to provide for ignition interlock limited licenses and offenses of illegally operating motor vehicles not equipped with ignition interlock devices and was signed by Governor Tom Wolf on May 25, 2016.
Whereas ignition interlock devices were only required for certain repeat driving under the influence (DUI) offenders, Senate Bill 290 began applying on August 25, 2017, to first-time offenders with blood alcohol concentrations (BACs) of 0.10 or higher. Ignition interlock devices are installed and maintained solely at the expense of the offender, a significant financial burden that can last several months or possibly even years.
Lawyer for Ignition Interlock Devices in West Chester, PA
If you were arrested for drunk driving anywhere in southeastern Pennsylvania and think you might have to install an ignition interlock device on your vehicle, it will be in your best interest to quickly seek legal counsel. Ciccarelli Law Offices aggressively defends clients accused of DUI crimes in Kennett Square, King of Prussia, Lancaster, Malvern, Philadelphia, Plymouth Square, Radnor, Springfield, and many other nearby areas.
Our West Chester criminal defense attorneys can work to help minimize or possibly avoid the amount of time you are required to install an ignition interlock device. You can have our lawyers provide a complete evaluation of your case when you call (610) 719-3200 to take advantage of a free, confidential consultation.
Pennsylvania Ignition Interlock Devices Information Center
- When must a person install an ignition interlock device?
- What are the consequences of violating ignition interlock requirements?
- Where can I find more information about ignition interlock devices in West Chester?
Pennsylvania Consolidated Statute § 3805 establishes that when a person who commits a DUI violation, or has his or her operating privileges suspended pursuant to a refusal to submit to chemical testing violation, or relating to illegally operating a motor vehicle not equipped with ignition interlock, and seeks a restoration of operating privileges, the Pennsylvania Department of Transportation (PennDOT) will require as a condition of issuing a restricted license:
- Any motor vehicle to be operated by the individual has been equipped with an ignition interlock system and remains so for the duration of the restricted license period; and
- If there are no motor vehicles owned or to be operated by the person or registered to the person that the person so certify to the department in accordance with the department’s regulations.
A person will not be issued an unrestricted license until one year from the date of issuance of an ignition interlock restricted license. PennDOT will not issue an unrestricted license until a person has presented all of the following:
- Proof that the person has completed the ignition interlock restricted license period under this section; and
- Certification by the vendor that provided the ignition interlock device that the person has complied with Pennsylvania Consolidated Statute § 3805(h.2).
State law does provide certain exemptions for individuals requiring the ability to operate motor vehicles for employment purposes, provided that the employers have been notified that the employees are restricted and the employees have proof of the notification in their possession while driving, operating or being in actual physical control of the movement of the employer’s motor vehicle.
Under Pennsylvania Consolidated Statute § 3808, people can face the following punishments for illegally operating a motor vehicle not equipped with ignition interlock. An individual commits a misdemeanor punishable by a fine of not less than $300 and not more than $1,000 and up to 90 days imprisonment if he or she drives, operates, or is in actual physical control of the movement of a motor vehicle without the ignition interlock device as required.
When a person drives, operates, or is in actual physical control of the movement of a motor vehicle within the Commonwealth without the ignition interlock device as required and has an amount of alcohol by weight in his blood that is equal to or greater than 0.025 percent at the time of testing or who has in his blood any amount of a Schedule I or nonprescribed Schedule II or III controlled substance, the offense is a third-degree misdemeanor punishable by a fine of not more than $1,000 and up to 90 days imprisonment.
Tampering with an ignition interlock system is also a misdemeanor offense punishable by a fine of not less than $300 and not more than $1,000 and up to 90 days imprisonment. In addition to any physical act which is intended to alter or interfere with the proper functioning of an ignition interlock system required by law, the definition of the term tampering includes attempting to circumvent or bypass or circumventing or bypassing an ignition interlock system by:
- means of using another individual to provide a breath sample; or
- providing a breath sample for the purpose of bypassing an ignition interlock system required by law.
Violations can also lead to driving privileges being suspended for an additional year.
PennDOT | Ignition Interlock “The Law” FAQ’s Fact Sheet — View an August 2017 fact sheet published by PennDOT shortly after the state’s most recent ignition interlock laws took effect. The sheet addresses questions about the laws, ignition interlock systems, and applying for licenses. The sheet also discusses enforcement and penalties as well as getting an unrestricted license back.
Mothers Against Drunk Driving (MADD) | 2017 Ignition Interlock Report — MADD is a 501(c)(3) nonprofit organization with roughly 600 chapters nationwide. MADD identified passing ignition interlock laws for all drunk driving offenders as being its top legislative priority in every state as part of its Campaign to Eliminate Drunk Driving. MADD published this report in which data collected from 11 ignition interlock manufacturers and found that ignition interlocks had stopped 1.77 million attempts to drive drunk.
Ciccarelli Law Offices | West Chester Ignition Interlock Devices Defense Attorney
Do you think that you may be required to install an ignition interlock device in your vehicle because of a recent DUI arrest in southeastern Pennsylvania? Contact Ciccarelli Law Offices right now for help understanding all of your legal rights.
Our criminal defense lawyers in West Chester represent individuals in communities all over the greater Philadelphia metropolitan area including Chester County, Delaware County, Lancaster County, Montgomery County, and the greater Philadelphia area. Our attorneys will review your case and answer all of your legal questions as soon as you call (610) 692-8700 or submit an online contact form to receive a free, confidential consultation.