August 05, 2009
/24-7PressRelease/ --
Pennsylvania's Ignition Interlock Device Law
Article provided by Law Offices of Basil D. Beck, III
Visit us at
www.bbecklaw.com
What is the Commonwealth's ignition interlock law?
In Pennsylvania, anyone receiving a
second or subsequent DUI conviction is required to install an ignition interlock device into any vehicle they own, drive or that is registered in their name for a period of one year. At the successful completion of the one year period, drivers will become eligible to regain unrestricted driving privileges.
Generally, there is a period of "hard suspension" in which the driver will not be able to operate any motor vehicle. This period may be one month or longer, depending on the driver's blood alcohol content (BAC) and number of previous DUI convictions. After the hard suspension period has ended, the driver will generally have to install the ignition interlock device in order to receive restricted driving privileges. The driver also may have to apply for a special ignition interlock restricted driver's license from the Pennsylvania Department of Transportation (PennDOT).
Drivers are considered to be repeat offenders if they receive a second or subsequent DUI conviction within 10 years of a previous conviction. Out-of-state DUI convictions count towards the total number of convictions, as well as drivers who completed a pre-trial diversionary program or ADR (accelerated rehabilitative disposition).
How does an ignition interlock device work?
An ignition interlock device, or IID, is a device that reads a person's blood alcohol content by testing the person's breath. It is basically a breathalyzer for your car. Drivers are required to blow into the device to start the vehicle. To keep the car running, drivers also will have to blow into the device after the vehicle has been started.
If the ignition interlock device detects a BAC of 0.025 or greater, the driver will not be able to start the vehicle and the vehicle will go into a 5-minute period of lockdown. The driver will not be able to try to start the vehicle again until the lockdown period is over. If the driver's BAC is still over the limit after the second attempt, the vehicle will go into lockdown for 30 minute intervals until the ignition interlock device determines the driver's BAC is below the allowed limit.
Drivers who attempt to tamper, disable or remove the device or have other people blow into the device to start their vehicles are subject to additional penalties, including a $300 to $1000 fine and a maximum 90 days imprisonment.
What happens if the driver operates a vehicle without the device?
Drivers found in violation of the ignition interlock device law may be assessed a $300 fine for their violation as well as be sentenced to a maximum of 90 days in jail upon conviction.
Drivers who have a BAC of 0.025 or greater at the time they operate a vehicle without an ignition interlock device face enhanced penalties, including a $1000 fine and a minimum 90 days in jail.
Who pays for the ignition interlock device?
Drivers are required to pay for the installation of the ignition interlock devices into each of the motor vehicles they own, operate or are registered in their names. Drivers also must take the car in for regularly scheduled monthly maintenance visits to ensure the IID is working correctly and has not been tampered with.
Additionally, drivers only can have devices that have been approved by PennDOT installed in their vehicles and they must be installed by approved manufacturers. After the device has been installed, drivers are required to submit certification of the installation to PennDOT.
Are there any exceptions to the ignition interlock device law?
There are two exemptions to the state's ignition interlock law: the hardship exemption and the employment exemption.
Under the
hardship exemption, people who are able to demonstrate they are financially unable to install ignition interlock devices in every car they own or operate will only be required to install the device in one vehicle. In order to qualify for the exemption, individuals must include either a copy of their federal income tax return -- showing an adjusted gross income 200% below the federal poverty guidelines -- or proof they are participants in an eligible government benefit program. A list of eligible programs is available on PennDOT's Web site.
Under the
employment exemption, drivers who operate employer-owned vehicles may be granted an exemption from the requirement of installing an ignition interlock device in every vehicle they use. The work vehicle will be exempt so long as the vehicle is only used for work purposes. If the vehicle is also used for personal use, the exemption will not be granted. The person's employer must fill out a request for the exemption and submit it to PennDOT.
Article provided by Law Offices of Basil D. Beck, III
Visit us at
www.bbecklaw.com---
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