Berks County Bar Association The Berks Barrister Spring 2019 - 7

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Mandatory Ignition
Interlock Device for
ALL DUI Offenses

Twenty-nine states, as well
as the District of Columbia,
have mandatory ignition
interlock requirements
for all DUI convictions,
including a first offense.

DC

- Ignition Interlock Devices for All DUIs

Alaska

A

Hawaii

first-time conviction for drunk and impaired driving
could require motorists to install an ignition interlock
device before being allowed back on Pennsylvania

roads.
The change is part of an overhaul of Pennsylvania's Driving
Under the Influence - or DUI laws - ushered in by Act 33 and
Act 30. Both laws were enacted in 2017 and drivers should be
aware of several important changes.
Pennsylvania enacted Act 33 - better known as the ignition
interlock law - in August 2017. The law requires an ignition
interlock device ("IID") installed in a vehicle for anyone who has
been convicted of Driving Under the Influence ("DUI") for the
first time if that person's Breath Alcohol Content ("BrAC") was
0.10% or higher. Anyone found with controlled substances in their
system and those who refused field sobriety and blood tests also
would be subject to the installation of the IID.
The law also created a new license called the Ignition Interlock
Limited License (IILL). A person convicted of driving under
the influence may petition the Pennsylvania Department of
Transportation (PennDOT) for this license if certain requirements
are met to operate a motor vehicle that has been equipped with
an ignition interlock during the term, or part of the term, of
their license suspension. A driver convicted of a first offense
DUI can petition PennDOT for the IILL, immediately upon
receiving their Notification of Suspension letter. Refusals, second
& subsequent DUI's would be required to serve half of their
suspension time before becoming eligible to petition PennDOT
for the IILL. Clients should refer to their Notification of
Suspension letter, then IILL Eligibility Charts, on the PennDOT
website, to see when they would be eligible to petition for the
IILL.
Currently, 28 states and the District of Columbia require
anyone convicted of a DUI offense to install an IID, according
to the National Conference of State Legislatures (NCSL).
Pennsylvania's law is unique because it sets a specific BrAC level
for first-time offenders, NCSL noted.

Alabama
Alaska
Arizona
Arkansas
Connecticut
Delaware
Hawaii
Idaho
Illinois
Iowa
Kansas

Louisiana
Maine
Maryland
Mississippi
Nebraska
Nevada
New Hampshire
New Mexico
New York
Oregon
Pennsylvania

Tennessee
Texas
Utah
Vermont
Virginia
Washington
Washington DC
West Virginia

Source: National Conference of State Legislatures

Changes to Pennsylvania's drunk-driving laws also affect
offenders in the Accelerated Rehabilitative Disposition program
(DUI ARD).
As of October 2018, offenders in DUI ARD may opt to install
an IID in their vehicle, allowing them to drive during their ARD
suspension. The change is because of the enactment of Act 30 in
2017.
ARD clients petitioning for the IILL, for the term of their
suspension, would follow the same procedure as first-time
offenders.
Currently, if placed in the DUI ARD program, PennDOT
suspends a driver's operating privileges for a term of 30 days or
60 days depending on the BrAC or if controlled substances are
found in the driver's blood after blood testing was performed.
PennDOT suspends the license of those drivers under the age of
21 in the DUI ARD program for 90 days.
The new law mandates that only one vehicle be installed with
the IID, and this will be the only vehicle that the offender will
be legally permitted to drive during the program. The vehicle
does not have to be registered in the participant's name, but
the participant should have documentation that they have the
registered owner's permission to install the IID in the vehicle.
The only instance where a driver can drive a non-equipped
interlock vehicle is if they drive as part of their employment
responsibilities in an employer-owned vehicle. The driver can
file with PennDOT for an exemption allowing them to drive
a company vehicle, during work hours, and must comply with
PennDOT requirements under Employment Exemption. Some
exclusions to the exemption are specified in the new ignition
interlock law.
To better inform the public about the new DUI laws and what
to expect, here's a quick look at some Frequently Asked Questions
(FAQs):
What is an Ignition Interlock Device and how does it work?
An ignition interlock is a device that is professionally installed
in a vehicle that will prevent an individual from starting their
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Spring 2019 | 7
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