Ignition Interlock Violation Lawyer
Pennsylvania Ignition Interlock Lawyers
Ignition Interlock Crimes and Violations in Chester County
Over the past several years, PennDOT has been implementing the use of ignition interlock devices as a means to allowing Pennsylvania drivers to use their vehicles even when there is a lien or suspension on their license to operate a motor vehicle. Though this is a progressive move which reflects as necessary the use of a motor vehicle is in our daily lives and in making a living, there are stern penalties for those that gain the use of the ignition interlock license but violate the terms of the program.
In Pennsylvania, including the Philadelphia region, and Chester County, the ignition interlock license only gives an individual the privilege to operate a vehicle that has an equipped ignition interlock system. Under Section 3808, a violation can include up to ninety (90) days of imprisonment and an additional twelve (12) months of suspension on their operating privileges.
3808. Illegally operating a motor vehicle not equipped with ignition interlock.
(a) Offense defined.–
(1) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 and not more than $1,000 and to imprisonment for not more than 90 days:
(i) Section 1556 (relating to ignition interlock limited license).
(ii) Section 3805 (relating to ignition interlock).
(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system.
(2) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system and who has an amount of alcohol by weight in his blood that is equal to or greater than 0.025% 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, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or its metabolite commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days:
(i) Section 1556.
(ii) Section 3805.
(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system.
(b) Tampering with an ignition interlock system.–A person that tampers with an ignition interlock system required by law commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 nor more than $1,000 and to undergo imprisonment for not more than 90 days. An offense under this subsection shall be deemed to have been committed at either the location where tampering occurred or the place where the vehicle containing the ignition interlock system required by law is registered. The term “tampering,” 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, shall include attempting to circumvent or bypass or circumventing or bypassing an ignition interlock system by:
(1) means of using another individual to provide a breath sample; or
(2) providing a breath sample for the purpose of bypassing an ignition interlock system required by law.
(c) Suspension of operating privilege.–Notwithstanding section 3805(c) and (i):
(1) If a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system violates this section, upon receipt of a certified record of the conviction, the department shall not issue a replacement license to the person under section 1951(d) (relating to driver’s license and learner’s permit) that does not contain an ignition interlock restriction for a period of one year from the date of conviction until the person has complied with the requirements of section 3805.
(2) Upon receipt of a certified record of a second conviction of a violation of this section committed by a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system which occurred during the same ignition interlock restricted license period, the department shall suspend the person’s operating privileges for a period of one year and recall the ignition interlock restricted license, and the person shall surrender the ignition interlock restricted license to the department. Following completion of the suspension period, the department shall require that the person comply with the requirements of section 3805 prior to being eligible to receive a replacement license under section 1951(d) that does not contain an ignition interlock restriction.
(d) Applicability.–Notwithstanding section 3101 (relating to application of part), this section shall apply in all areas throughout this Commonwealth; however, it shall not apply to persons installing, maintaining or inspecting ignition interlock devices in the course and scope of their employment.
Make sure to speak to a member of our experienced team if you are facing a DUI related penalty or suspected of violating the ignition interlock laws. At this uncertain time in your life, you need a Ignition Interlock defense lawyer who will give you straight talk, and will work aggressively to defend your drunk driving-related offense. The Igntiion Interlock defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been arrested and charged with DUI. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.