As of August 25, 2017, Pennsylvania is now requiring anyone convicted of a first time DUI with a high blood alcohol content or for refusing to get an Ignition Interlock Limited license (IILL). An IILL is a driver’s license issued to a Pennsylvania driver whose operating privileges are suspended or revoked for one or more violations of DUI related to alcohol, controlled substances, or for refusing to submit to chemical testing. An IILL allows an individual to drive if certain requirements are met. One of the requirements is that the person’s car is equipped with an ignition interlock device during the term of their suspension or revocation.
The following criminal offenses are eligible for an IILL:
- Driving under the influence of alcohol or controlled substance (Title 75 Section 3802)
- Refusal of chemical testing to determine the amount of alcohol or controlled substance (Title 75 Section 1547)
- It’s also important to keep in mind that a violation of a similar statute in another state like New Jersey, which leads to a license suspension in Pennsylvania due to the Interstate Driver’s Compact is also eligible for an Ignition Interlock Limited License.
An individual can apply for an IILL by completing PENDOT Form DL-9108. This application must be sent with the required fees and documentation to PENDOT via Certified Mail.
An Ignition Interlock System is a device that is installed in a motor vehicle to prohibit an individual under the influence of alcohol from operating a car. A person is required to blow into the device before starting the vehicle. If the device detects alcohol, it will prevent the vehicle from starting. In addition to starting the vehicle, there may be times during the operation of the vehicle when the individual will be prompted to blow into the device to ensure that he or she is not under the influence. An Ignition Interlock System is leased from an authorized vendor within the Commonwealth and currently the average cost associated with the lease is between $900.00-1,300.00 per year. An approved list of vendors is available at the Pennsylvania DUI Association home page www.pa.dui.org.
The penalties for failing to comply with the Ignition Interlock Law are as follows: a first offense will extend the Ignition Interlock period for one year from the date of the conviction and a second offense or subsequent offense will result in a recall of the Ignition Interlock License and a one year license suspension. Even when the license is restored, a person will be required to maintain an Ignition Interlock License for one year after that 2nd or 3rd offense.
Thirty days prior to being eligible to receive an unrestricted driver’s license, PENDOT will mail a notice to the individual that contains the date of eligibility and an application to apply for an unrestricted driver’s license. Prior to PENDOT issuing an unrestricted license, the Ignition Interlock vendor must complete a declaration of compliance which certifies that an individual has not had any incidences with the Ignition Interlock Device.
If you have any questions or need representation for a traffic violation contact Gregory J. Spadea at 610-521-0604. Mr. Spadea is the founder of the Law Offices of Spadea & Associates, LLC located in Ridley Park.
