For the Defense - Volume 1, Issue 3 - 2016 - 58

Ignition Interlock Limited License Law Douglas K. Marsico A new Pennsylvania DUI license suspension law was signed by Governor Wolf on May 25, 2016. Act 33 of 2016 introduces an ignition interlock limited license, eliminates urine testing as an approved method for obtaining evidence in DUI cases, requires the installation of an ignition interlock device for some first offenses, and changes the manner of calculating "prior offenses" for DUI sentencing purposes.1 Generally, an ignition interlock limited license (IILL) is a restricted license that allows the driver to operate a motor vehicle equipped with an ignition interlock device.2 Under the new law, an individual whose operating privileges are suspended for a DUI conviction or a refusal to submit to chemical testing may obtain an IILL while serving the mandatory license suspension. In creating this new license, the legislature has eliminated the availability of an "occupational limited license" as it pertains to DUI license suspensions. An individual whose license is suspended for a DUI conviction, and has no prior offenses, may immediately apply to obtain an IILL.3 For those with a prior DUI offense, an IILL may be obtained as follows: 1. for those convicted of an ungraded misdemeanor, the IILL may be obtained after six months of the twelve month license suspension; 2. for those convicted of a first degree misdemeanor, the IILL may be obtained after nine months of the eighteen month license suspension.4 58 For The Defense | Vol. 1, Issue 3 The new law also provides IILL relief for those who have had their license suspended for a refusal to submit to chemical testing. Under the new law, an IILL may be issued after six months of a twelve month suspension as a result of a refusal.5 Also, an IILL may be issued after nine months of an eighteen month suspension as a result of a refusal.6 This is a welcomed change, as the former applicable statute did not provide for any type of restricted license for chemical testing refusal related suspensions. In order to obtain an IILL, the motorist must file a petition with PennDOT showing proof of the installation of the device and proof of insurance.7 If the applicant is qualified, PennDOT is required to then issue the ignition interlock limited license within twenty days of receipt of the application.8 Therefore, the first time DUI offender may be able to drive a motor vehicle with an interlock device after just twenty days of the initial suspension.9 Eligibility is predicated upon the motorist having an otherwise valid license and no other unserved license suspensions.10 The IILL is not available for commercial vehicles or suspensions as a result of convictions for homicide by vehicle or homicide by vehicle while DUI offenses.11 It is important to note that the IILL only requires installation of an ignition interlock system on any vehicle that the motorist will drive-as opposed to all vehicles owned by a motorist as mandated by previous ignition interlock legislation.12 Furthermore, a motorist with a valid IILL

Table of Contents for the Digital Edition of For the Defense - Volume 1, Issue 3 - 2016