For the Defense - Volume 2, Issue 4 - 2017 - 20
As a criminal defense lawyer, my
clients often tell me that the most
serious penalty associated with their
DUI offense is the loss of their license
and the impact that loss has on their
employment.
an occupational limited license helped some, but
not enough, individuals facing these problems.
Additionally, the issue faced by those with an
occupational license is that they still must undergo
a mandatory period of suspension before becoming eligible.
Although Act 30 and Act 33 do not come
without consequence, as an IILL will add to the
already extensive list of costs associated with a DUI
offense, the pros more than outweigh the cons.3
On May 25, 2016, the Pennsylvania Legislature
enacted Act 33 of 2016, which reconciles society's
need to be safe from impaired drivers while giving
first-time DUI offenders an opportunity to avoid
the loss of their driving privileges. This provision of
the Act became effective on August 25, 2017. Act
33 amends Title 75 of Pennsylvania Consolidated
Statutes by providing for the creation of an
Ignition Interlock Limited License ("IILL").1
Essentially, Act 33 requires certain first-time
DUI offenders to install an Ignition Interlock in
their vehicle for at least a portion of the suspension. The good news for individuals charged with
DUI - they now will have the ability to continue
driving following a conviction for DUI in most
circumstances, eliminating employment related
issues that arise due to a lack of transportation.
The good news for society - individuals who have
been convicted of DUI will not be able to operate
a motor vehicle with alcohol in their system.
However, as will be discussed in more detail
below, Act 33 failed to address suspensions related
to individuals who participate in the Accelerated
Rehabilitative Disposition ("ARD") program.2
Therefore, on July 20, 2017, the Pennsylvania
Legislature passed Act 30 of 2017 which permits,
but does not require, the issuance of an IILL to
individuals facing mandatory suspensions following entry into the ARD program. This provision of
the Act will go into effect on October 20, 2018.
With these two acts, the legislature has taken
a step in the right direction. As a criminal defense
lawyer, clients often tell me that the most serious
penalty associated with their DUI offense is the
loss of their license and the impact that loss has
on their employment. Getting to and from work
is a problem in and of itself, but additionally,
many clients are required to drive as part of their
employment. Prior to the passage of these acts,
Who is Eligible for an IILL and
How Long Must It be Installed?
20
For The Defense | Vol. 2, Issue 4
Individuals facing a mandatory license suspension
due to a refusal to submit to chemical testing are
required to install an Ignition Interlock device for a
period of one year.4 First time offenders are eligible to apply for an IILL after serving six months
of the mandatory twelve-month suspension.5
Second and subsequent offenders who refuse
to submit to chemical testing are eligible for an
IILL after serving nine months of the mandatory
eighteen-month suspension.6
Excluding individuals who refused chemical
testing, any first-time offender who is subject to
mandatory suspensions are immediately eligible
to obtain an IILL during the entire duration
of the suspension.7 Individuals with no prior
offenses within the last ten years8 can obtain
an IILL for the entire length of their suspension
and, as such, they will never lose the ability to
drive a vehicle. Individuals with two or more
prior DUI offenses within the past ten years are
eligible for the IILL upon serving six months of a
twelve-month suspension9 or nine months of an
eighteen-month suspension.10 With that said, the
IILL is required, in all instances, to be installed for
a mandatory period of one year regardless of the
length of the suspension and a person's operating
privileges cannot be restored until this obligation
is satisfied.11
Can My Client Have an IILL
and Participate in ARD?
Under Act 33, individuals facing mandatory
suspensions relating to the ARD are not eligible
for an IILL.12 Consequently, most individuals facing
a first offense DUI before October 20, 2018 will
be in a precarious position. They can accept entry
into the ARD Program and obtain all of its benefits
Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 4 - 2017
Table of Contents
Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
Changes in the DUI Landscape: Acts 33 and 30
Police Misconduct Resulting in Arrest: Weighing the Options
Dying with Dignity: Compassionate Release in Pennsylvania
Amicus Matters
Attorney Discipline
Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 1
For the Defense - Volume 2, Issue 4 - 2017 - 2
For the Defense - Volume 2, Issue 4 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 4 - 2017 - 4
For the Defense - Volume 2, Issue 4 - 2017 - Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
For the Defense - Volume 2, Issue 4 - 2017 - 6
For the Defense - Volume 2, Issue 4 - 2017 - 7
For the Defense - Volume 2, Issue 4 - 2017 - 8
For the Defense - Volume 2, Issue 4 - 2017 - 9
For the Defense - Volume 2, Issue 4 - 2017 - 10
For the Defense - Volume 2, Issue 4 - 2017 - United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
For the Defense - Volume 2, Issue 4 - 2017 - 12
For the Defense - Volume 2, Issue 4 - 2017 - 13
For the Defense - Volume 2, Issue 4 - 2017 - 14
For the Defense - Volume 2, Issue 4 - 2017 - 15
For the Defense - Volume 2, Issue 4 - 2017 - 16
For the Defense - Volume 2, Issue 4 - 2017 - 17
For the Defense - Volume 2, Issue 4 - 2017 - Changes in the DUI Landscape: Acts 33 and 30
For the Defense - Volume 2, Issue 4 - 2017 - 19
For the Defense - Volume 2, Issue 4 - 2017 - 20
For the Defense - Volume 2, Issue 4 - 2017 - 21
For the Defense - Volume 2, Issue 4 - 2017 - Police Misconduct Resulting in Arrest: Weighing the Options
For the Defense - Volume 2, Issue 4 - 2017 - 23
For the Defense - Volume 2, Issue 4 - 2017 - 24
For the Defense - Volume 2, Issue 4 - 2017 - 25
For the Defense - Volume 2, Issue 4 - 2017 - 26
For the Defense - Volume 2, Issue 4 - 2017 - 27
For the Defense - Volume 2, Issue 4 - 2017 - 28
For the Defense - Volume 2, Issue 4 - 2017 - Dying with Dignity: Compassionate Release in Pennsylvania
For the Defense - Volume 2, Issue 4 - 2017 - 30
For the Defense - Volume 2, Issue 4 - 2017 - 31
For the Defense - Volume 2, Issue 4 - 2017 - 32
For the Defense - Volume 2, Issue 4 - 2017 - 33
For the Defense - Volume 2, Issue 4 - 2017 - 34
For the Defense - Volume 2, Issue 4 - 2017 - Amicus Matters
For the Defense - Volume 2, Issue 4 - 2017 - 36
For the Defense - Volume 2, Issue 4 - 2017 - 37
For the Defense - Volume 2, Issue 4 - 2017 - 38
For the Defense - Volume 2, Issue 4 - 2017 - 39
For the Defense - Volume 2, Issue 4 - 2017 - Attorney Discipline
For the Defense - Volume 2, Issue 4 - 2017 - 41
For the Defense - Volume 2, Issue 4 - 2017 - 42
For the Defense - Volume 2, Issue 4 - 2017 - 43
For the Defense - Volume 2, Issue 4 - 2017 - Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 45
For the Defense - Volume 2, Issue 4 - 2017 - 46
For the Defense - Volume 2, Issue 4 - 2017 - 47
For the Defense - Volume 2, Issue 4 - 2017 - 48
For the Defense - Volume 2, Issue 4 - 2017 - 49
For the Defense - Volume 2, Issue 4 - 2017 - 50
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