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?
Ignition Interlock Device Requirements in Chester County
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.
West Chester Ignition Interlock Device Violation Penalties
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.
Pennsylvania Ignition Interlock Device Resources
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.
Understanding Ignition Interlock for Suspended DUI License in Pennsylvania
Driving under the influence of alcohol or drugs is a serious offense in Pennsylvania. If you get a DUI, you may face various consequences, such as fines, jail time, and suspension of your license. However, you may be able to obtain an ignition interlock device (IID) to reinstate your license early, depending on your situation. In this blog post, we’ll discuss whether PennDOT offers ignition interlock for a suspended DUI license in Pennsylvania.
An ignition interlock device is a breathalyzer that’s installed in your vehicle. You must blow into the device to start the car, and if it detects alcohol on your breath, the car won’t start. You’ll also have to blow into the device at random intervals while driving. In Pennsylvania, you may be required to get an IID if your blood alcohol content (BAC) was 0.10 or higher, or if you refused to take a chemical test.
PennDOT offers ignition interlock devices to people who want to reinstate their driving privileges after a DUI suspension. However, you must meet certain criteria to be eligible for the program. For instance, you must have served a certain portion of your suspension, you must complete a drug and alcohol assessment, and you must enroll in an approved treatment program if recommended by the assessment.
If you meet these requirements, you can apply for an ignition interlock license (IIL) and have the device installed in your vehicle. You’ll also have to pay for the installation and monthly maintenance fees, which can be expensive. Additionally, you must use the device for a certain period of time, depending on your situation. For instance, if it’s your first offense, you’ll have to use the device for one year, but if it’s your second or subsequent offense, you’ll have to use it for two or three years.
In summary, PennDOT does offer ignition interlock for a suspended DUI license in Pennsylvania, but you must meet specific requirements to be eligible for the program. It’s essential to consult an experienced DUI defense attorney to understand your legal options and ensure that your rights are protected throughout the process. Remember, getting a DUI can have lasting consequences that affect your driving record, insurance rates, and personal life, so it’s crucial to take it seriously and avoid drinking and driving.
Getting an Ignition Interlock Device in Pennsylvania
If you have been charged with a DUI/DWI in Pennsylvania, you know how overwhelming and stressful the process can be. You may have already faced significant legal consequences and fines. Additionally, you may be required to install an ignition interlock device on your vehicle. This device is designed to prevent you from driving while under the influence of alcohol. While the requirement may seem overwhelming at first, there are steps you can take to navigate the process.
1. The Process of Getting an Ignition Interlock Device in Pennsylvania:
The first step in getting an ignition interlock device in Pennsylvania is to find an approved vendor. The Pennsylvania Department of Transportation has a list of approved vendors that can help you install the device. Once you have found an approved vendor, you will need to make an appointment to have the device installed. During the installation, the vendor will also give you instructions on how to use the device, how long it will need to be connected to your vehicle, and how to maintain it.
2. The Cost of an Ignition Interlock Device in Pennsylvania:
Installing an ignition interlock device in Pennsylvania can be expensive. You will be required to pay for the installation costs, monthly fees, and maintenance fees. According to the Pennsylvania Department of Transportation, the installation cost for the device can range between $100 and $200. You may also be required to pay a monthly fee for the device, which can range between $50 and $100, depending on the vendor you choose. Additionally, you are responsible for any maintenance fees that come with the device.
3. Staying in Compliance with Ignition Interlock Device Laws in Pennsylvania:
If you have been ordered to install an ignition interlock device in Pennsylvania, it is crucial that you remain in compliance with the law. This means that you need to use the device as directed and maintain it properly. You will also be required to have the device recalibrated periodically to ensure that it is functioning correctly. If you fail to maintain the device as required or if the device records a violation, you may face additional legal consequences.
4. The Benefits of an Ignition Interlock Device in Pennsylvania:
While installing an ignition interlock device in Pennsylvania can be expensive and may be seen as a burden, the benefits cannot be overstated. The device offers a barrier of protection for you and those on the road with you. It may also be seen in a positive light by legal authorities if you show a willingness to comply with their orders as part of your sentence. Additionally, the device helps you to reestablish your driving privileges, which can be consequential for both your personal and professional life.
Getting an ignition interlock device in Pennsylvania may seem overwhelming at first, but with the right guidance and support, you can navigate the process easily. With this blog post, you should have a better understanding of the process of getting an ignition interlock device in Pennsylvania. It is important to remember that the benefits of installing the device far outweigh the costs. By following the guidelines set by Pennsylvania law, you can ensure that you remain in compliance with the law and keep yourself and others safe while on the road.
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.