For the Defense - Volume 1, Issue 3 - 2016 - 60

Act 33 of 2016 provides two different effective dates. The ignition interlock and ILLL provisions discussed above are effective August 25, 2017. There are two additional amendments that are effective May 25, 2016. First, urine testing is removed as an approved method for obtaining evidence in DUI cases. Second, the definition of "prior offenses" is amended to close a loophole created by previous legislation. A "prior offense" now includes any offense that occurred within ten years prior to the date of the offense for which the defendant is being sentenced, or on or after the date of the offense for which the defendant is being sentenced.20 If the defendant is sentenced for two or more offenses in the same day, the offenses shall be considered prior offenses. Thus, if someone has a prior DUI offense, and then commits a second DUI and is arrested again for a DUI prior to being sentenced on the second DUI, the third DUI would be considered a third offense even though it occurred prior to being convicted of the second offense. In conclusion, Act 33 of 2016 provides clients with the benefits of 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. 21 When the implications and effective dates of the Act 33 provisions are carefully considered, criminal defense attorneys will be able to effectively assist his or her client navigate the changing waters created by Act 33. Notes 1. (http://www.legis.state.pa.us/cfdocs/legis/li/ uconsCheck.cfm?yr=2016&sessInd=0&act=33) 2. See generally, 75 Pa.C.S.§1556. 3. 75 Pa.C.S. §1556(f)(2)(i). 4. 75 Pa.C.S. §1556(f)(2). 5. 75 Pa.C.S. §1556(f)(1)(i). 6. 75 Pa.C.S. §1556(f)(1)(ii). 7. 75 Pa.C.S. §1556(b). 8. 75 Pa.C.S. §1556(b)(4). 9. 75 Pa.C.S. §1556(e) and (f). 10. 75 Pa.C.S. §1556(d). 11. 75 Pa.C.S. §1556 (d). 12. 75 Pa.C.S. §1556 (j)(1). 13. 75 Pa.C.S. §1556(k). 14. (https://www.dot.state.pa.us/public/dvspubsforms/BDL/BDL%20Form/DL-3805.pdf) 15. 75 Pa.C.S. §1556(k)(1)(ii). 16. 75 Pa.C.S. §3805. 17. 75 Pa.C.S. §3805(a.1)(effective Aug. 25, 2017). 18. 75 Pa.C.S. §3805(a) (effective Aug. 25, 2017). 19. 75 Pa.C.S. §3805(d)(1). 20. 75 Pa.C.S. §3806(b). 21. (https://www.dot.state.pa.us/Public/ DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iitl. pdf) About the Author Douglas K. Marsico is a graduate of West Chester University and the Widener University School of Law. Mr. Marsico's practice concentration is in criminal defense, DUI defense, traffic violations, driver's licensing matters, real estate, and insurance defense. He is admitted in Pennsylvania and the United States Middle District Court, Middle District of Pennsylvania. Mr. Marsico served as a law clerk to the Honorable Richard A. Lewis, Court of Common Pleas, Dauphin County and as a prosecutor in the Dauphin County District Attorney's office. He has taught seminars on traffic and criminal law and on landlord/tenant law for numerous education providers. 60 For The Defense | Vol. 1, Issue 3 Share this article http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=33 https://www.dot.state.pa.us/public/dvspubsforms/BDL/BDL%20Form/DL-3805.pdf https://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iitl.pdf

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