Pennsylvania has employed many strategies to reduce or prevent the number of driving under the influence (DUI) arrests in the state. Current policies include mandatory minimum jail sentences, drug, and alcohol treatment screening, sobriety checkpoints, participation in highway safety classes and mandatory ignition interlock device requirements for individuals convicted of certain DUI offenses. Unfortunately, a PA Ignition Interlock License can help you avoid the harsh consequences of a PennDot driver’s license suspension.
Pennsylvania’s Ignition Interlock Requirement
Pennsylvania, along with most other states, requires the installation of an ignition interlock device in vehicles operated by individuals convicted of 1st time and repeat DUI offenses. Fortunately, Pennsylvania’s ignition interlock law allows many DUI offenders the opportunity to maintain their ability to drive instead of facing a suspension of their driving privileges for 1 year or more.
Benefits of an Ignition Interlock License
Qualifying for an ignition interlock license can often enable you to preserve your ability to drive and maintain your employment and source of income. I can help you with the application and installation process if you qualify for an ignition interlock license.
Bucks County Ignition Interlock License Lawyer
I have over a decade of experience providing skilled and aggressive representation to individuals facing the loss of their driving privileges due to DUI charges in Bucks County, Montgomery County, and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Pennsylvania’s Ignition Interlock Law
Pennsylvania’s Ignition Interlock statute was amended on May 16, 2016, to include most 1st time DUI offenses. The law mandates the installation of an approved ignition interlock device for individuals convicted of 1st, 2nd, and subsequent DUI offenses occurring within the last 10 years.
Ignition Interlock License for Chemical Test Refusal Suspensions
The ignition interlock requirement also applies to a driver subject to a suspension of their driving privileges for refusal to submit to chemical testing under 75 Pa. C.S.A. § 1547 or when a driver is found to be illegally operating a vehicle that does not have an ignition interlock device under 75 Pa. C.S.A. § 3808(C). I can determine whether you are eligible for an ignition interlock license if you are facing a suspension of your driving privileges due to a chemical test refusal.
What Offenses are Excluded from Ignition Interlock Eligibility?
The following cases are not eligible for Pennsylvania Ignition Interlock Limited License:
- First offense general impairment cases (.08% to .099% BAC)
- Commercial Drivers
- DUI cases involving the death of another person
Ignition Interlock License for ARD Cases
The Pennsylvania Ignition Interlock License is now available for most DUI cases approved for admission into the ARD program. In addition, eligible ARD program participants can apply for an ignition interlock license for cases involving a 30, 60, or 90-day driver’s license suspension. Individuals with a prior DUI within 10 years will not be eligible for an ignition interlock license.
Furthermore, individuals charged with DUI and found to have a passenger under the age of 14 in the vehicle are disqualified from eligibility for an ignition interlock license. Finally, installation of the ignition interlock device is not mandatory for individuals approved for the ARD program for a DUI offense.
The PA Ignition Interlock License Process
The ignition interlock limited license process will begin for most people after they are convicted of DUI or after they are placed on the ARD program for a DUI offense. The county court of common pleas is required to notify PennDOT of the driver’s conviction or ARD placement. PennDOT will send a “Notification of Suspension” letter to drivers within 2 to 3 weeks of the date of the conviction or the date of the ARD court date.
How Do I Surrender my PA Driver’s License?
The PennDot Notification of Suspension letter will provide the driver with instructions on how to surrender their driver’s license. In addition, the Notification of Suspension letter will identify the beginning date and length of the driver’s license suspension. A Pennsylvania driver’s license holder may surrender their license at the local PennDOT Driver’s License Center or turn it over by mailing it directly to PennDot.
Ignition Interlock License Eligibility
Individuals convicted of certain 1st offense DUI offenses will be immediately eligible to apply for an ignition interlock license. Individuals convicted of 2nd or subsequent DUI offenses, refusal to submit to chemical testing, or violations of the ignition interlock law are eligible to apply for an ignition interlock license after serving a partial suspension of their driving privileges. The length of the partial driver’s license suspension before ignition interlock license eligibility is generally between 6 and 9 months.
Ignition Interlock Requirements
Drivers subject to ignition interlock device requirements are responsible for obtaining an approved device that has been installed by an approved ignition interlock vendor. An eligible driver will receive an ignition interlock limited license once the driver has met all application requirements and once PennDot has received proof of the ignition interlock device’s installation.
The cost of an ignition interlock device system can range between $900 and $1,300. Individuals subject to the ignition interlock device requirements must carry an ignition interlock limited license when they are driving and must operate only motor vehicles equipped with approved ignition interlock devices.
How the Ignition Interlock Device Works
An ignition interlock device is about the size of a small cell phone and is wired to a vehicle’s ignition system. To start the vehicle, a driver must blow into the device. The vehicle will not start if the device detects alcohol above .025 mg. in the driver’s breath. The ignition interlock device will prevent the vehicle from operating if alcohol is detected during random testing of the driver.
Employment Exemption to the Ignition Interlock Law
Under certain circumstances, ignition interlock drivers may operate employer-owned vehicles without an installed ignition interlock system. Individuals who are self-employed or who have an ownership interest in a family business do not qualify under this exemption. Ignition interlock drivers who do qualify for this exemption may operate the employer-owned vehicles only in the course and scope of their employment.
Employer Notification of Ignition Interlock Device
The ignition interlock driver must notify their employer of their ignition interlock status before operating the employer’s vehicle. Ignition interlock drivers must also carry proof of the employer’s notification while operating the employer’s vehicle. Ignition interlock drivers who fail to carry the PennDot employer notification affidavit can be cited for driving without an ignition interlock device.
The employment exemption to the ignition interlock device does not apply if the employee-owned vehicle is a school bus or a vehicle designed to transport more than 15 passengers, including the driver. The employment exemption to the ignition interlock device also does not apply to the use of an employer-owned vehicle that the employer made available for the ignition interlock driver’s personal use.
Impact of Certain Convictions on an Ignition Interlock License
Except for cases involving chemical test refusal for BAC and unlawful operation of a vehicle without an ignition interlock device, ignition interlock license holders convicted of any offense resulting in the cancellation, disqualification, recall, suspension, or revocation of their operating privileges are subject to the immediate recall and surrender of their ignition interlock licenses.
The ignition interlock license holder must complete the requirements of any cancellation, disqualification, recall, suspension, or revocation of operating privileges, as well as pay any fines and serve any imprisonment before the ignition interlock license is re-issued. Ignition interlock license holders must also complete the balance of any remaining ignition interlock license period.
PA Ignition Interlock Eligibility Chart
| DUI OFFENSES | |||||
| OFFENSES | NUMBER | Suspension Length | Eligible for Early Interlock | When Eligible | INTERLOCK PERIOD |
| Gen Imp | First | NONE | N/A | N/A | N/A |
| Second | 12 Months | Yes | After 6 Months | 1 Year | |
| Third or Subsequent | 12 Months | Yes | After 6 Months | 1 Year | |
| High Rate, Minor, School/CDL Vehicles | First | 12 Months | Yes | Immediately | 1 Year |
| Second | 12 Months | Yes | After 6 Months | 1 Year | |
| Third | 18 Months | Yes | After 9 Months | 1 Year | |
| Fourth or Subsequent | 18 Months | Yes | After 9 Months | 1 Year | |
| Highest Rate, Gen Imp Refusal, Controlled Substances | First | 12 Months | Yes | Immediately | 1 Year |
| Second | 18 Months | Yes | After 9 Months | 1 Year | |
| Third or Subsequent | 18 Months | Yes | After 9 Months | 1 Year | |
| ARD- Not Mandatory | N/A | 30, 60 or 90 Days | Yes | Immediately | 30, 60 or 90 Days |
| OTHER SUSPENSION OFFENSES | |||||
| OFFENSES | NUMBER | Suspension Length | Eligible for Early Interlock | When Eligible | INTERLOCK PERIOD |
| Refusal to Submit to Chemical Testing for Violation of 3802 | First | 12 Months | Yes | After 6 Months | 1 Year |
| Second (or prior conviction for DUI) | 18 Months | Yes | After 9 Months | 1 Year | |
| Ignition Interlock Violation under 3808 | First | N/A | N/A | N/A | 1 Year (from conviction) |
| Second or Subsequent | 1 Year | No | N/A | 1 Year | |
| Refusal to submit to Chemical Testing for Violation of 1543(b)(1.1) or Ignition Interlock Violation of 3808(a)(2) | First | 6 Months (if no suspension for 3802 Imposed) | No | 6 Months | 1 Year |
| Second or Subsequent | 6 Months (if no suspension for 3802 Imposed) IILL Recalled | No | 6 Months | 1 Year | |
Driving without an Ignition Interlock Device
Individuals who operate a motor vehicle without a required ignition interlock device face the following penalties upon conviction:
- Ungraded misdemeanor
- Fine between $300 and $1,000
- Up to 90 days in jail
- The ignition interlock period extended 12 months from the conviction date for the 1st offense
- A 2nd conviction during the same interlock period results in a 12-month driver’s license suspension, followed by a consecutive 12-month ignition interlock requirement
Driving with Low BAC or Controlled Substances
Individuals who operate a motor vehicle without a required ignition interlock device and who have a blood alcohol concentration (BAC) of .025 or above at the time of testing or who have any amount of a Schedule I or non-prescribed Schedule II or III controlled substance in their blood face the following penalties upon conviction:
- 3rd degree misdemeanor
- Fine of $1,000
- Mandatory 90 days in jail
- The ignition interlock period extended 12 months from the conviction date for the 1st offense
- A second conviction during the same interlock period results in a 12-month driver’s license suspension followed by a consecutive 12-month ignition interlock requirement
Tampering with an Ignition Interlock Device
An individual who tampers with an ignition interlock device, including using another person to provide a breath sample, will face the following penalties upon conviction:
- Ungraded misdemeanor
- Fine between $300 and $1,000
- Up to 90 days in jail
- The ignition interlock period extended 12 months from the conviction date for the 1st offense
- A 2nd conviction during the same interlock period results in a 12-month driver’s license suspension, followed by a consecutive 12-month ignition interlock requirement
Failure to Maintain the Ignition Interlock Device
Individuals who operate a vehicle with an ignition interlock device must make regularly scheduled maintenance appointments with an approved ignition interlock device vendor. The first maintenance appointment occurs 30 days after installation of the device. All subsequent maintenance appointments will take place every 60 days until the ignition interlock requirements have expired.
Ignition Interlock License Recall
Individuals who fail to maintain the ignition interlock device through the ignition interlock vendor or who ask that the device be removed before they are eligible for an unrestricted driver’s license are subject to the immediate recall of the ignition interlock license. As a consequence, the ignition interlock license holder will be required to return his or her license to PennDot.
The ignition interlock license recall will remain in effect until PennDot receives notification that the driver is in full compliance with the ignition interlock device requirements. I can help you if you are facing the suspension of your driving privileges due to a DUI or chemical test refusal.
Start with a Strong Defense
If you are facing charges for DUI or chemical test refusal in Bucks County, Montgomery County, or the surrounding counties, it is critical to act quickly in order to protect your driving privileges and build the strongest possible defense to the charges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free consultation, or fill out the confidential contact form for an immediate response.
