Articles Posted in Ignition Interlock

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It was over a year ago on May 25, 2016 that Pennsylvania Governor Tom Wolf signed Senate Bill 290 into law which has been coined by many the “ignition interlock law”. Now 15 months later this new ignition interlock limited license goes into effect on August 25, 2017.  Pennsylvania has never had anything like this before as it applies to penalties for DUI offenses.  Prior to this drivers had the option of applying for an Occupational Limited License (OLL) after serving a portion of their suspension.  As of August 25, 2017, drivers can no longer obtain an OLL but rather will have to apply for an IILL.  This is great news because as you will see below it applies to many more people. Lets look deeper into what this is all about.

WHAT IS AN IGNITION INTERLOCK

An ignition interlock is a device that a driver would install in their motor vehicle to prohibit individuals under the influence of ALCOHOL from starting the vehicle. The driver would blow a breath sample into the mouthpiece to start the vehicle. The interlock then would analyze and measure the breath for alcohol concentration. If alcohol is detected and exceeds 0.025mg the device will not allow the engine to start.  This device DOES NOT detect drugs.  (There are some companies working to develop a device that would also have the ability to detect drugs and not just alcohol. As of today no such technology exists and I think it will be a long time before it does) 

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In 2015, roughly 5,500 Breathalyzer-enabled interlock devises were installed in Pennsylvania. The devices require drivers to blow clean into a Breathalyzer to start their vehicles. Last month, Governor Tom Wolf signed Senate Bill 290, which amends Title 75 to significantly expand the use of ignition interlock devices for DUI defendants. The bill, whose primary sponsor was Senator John Rafferty (R), will take effect in 2017.Breathalyzer-enabled ignition interlock devices prevent motorists from driving while intoxicated. Currently, first-time DUI defendants face a one-year license suspension upon conviction, and ignition interlocks only apply to repeat DUI offenders (drivers with more than one offense in 10 years). Under the new law, first-time DUI offenders with BAC levels of .10 to .15 percent could avoid the current one-year driver’s license suspension by instead seeking an ignition interlock license. The new law renders the devices available to first-time DUI offenders with the requisite BAC.

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Under current Pennsylvania DUI laws if a person is convicted of a first offense DUI they are not mandated to install an ignition interlock in their vehicle. This is the case no matter what an individuals blood alcohol level is. An ignition interlock however is required to be installed in a vehicle for all repeat DUI offenders. The Pennsylvania ignition interlock law was first enacted to reduce repeat driving under the influences offenses and to improve highway safety. It appears this all could change thanks to Senate Bill 290.

An ignition interlock device is basically a breathalyzer that is hooked up to an individuals vehicle. A driver would be required to blow into a mouthpiece attached to this device before their car will start. The purpose of this device is to keep an intoxicated driver from being able to start their car. In addition to starting the vehicle, the device will also prompt the driver to blow into the device periodically when prompted to do so.

The Pennsylvania House of Representatives this past Monday voted 193-2 to require the use of an ignition interlock device for most drivers convicted of a first offense DUI. Just yesterday the bill was unanimously passed by the Senate and now it is expected Governor Tom Wolf will sign into law however the new provisions would not take effect for close to 15 months. Under this bill, an individual with a first time DUI conviction with a blood alcohol level of .10 % and greater would be able to avoid the one year license suspension (currently the law) by installing an ignition interlock device in their vehicle for one year. As it stands right now an individual can apply for an occupational limited license but they have to first serve 60 days of their suspension. This new law would allow a person to drive for employment, school, doctors office or even just to do daily errands. However if this bill is eventually signed into law it would not extend to commercial drivers, persons who are involved in a DUI related accidents where someone dies or people accepted into the diversionary program ARD.https://www.pennsylvaniaduilawyers.com/a-r-d-accelerated-rehabilitative-disposition.html. Many states around the country already have similar laws on the books for first time DUI offenders.

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Parents throughout Pennsylvania gathered last month to advocate for harsher DUI laws that could have potentially saved their children’s lives.

PA Parents Against Impaired Driving (PPAID) is pushing Pennsylvania lawmakers to make stricter penalties against drunk driving. Specifically, they’re advocating for Senate Bill 290, which would require ignition interlocks for first-time DUI offenders. SB 290 will likely be reviewed by the governor this month.

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A bill currently pending in the Pennsylvania Legislature, SB 1036, would significantly expand the use of ignition interlock devices in DUI cases. This is a device that tests breath alcohol content (BAC) and prevents a vehicle from starting if the driver’s BAC is above a certain level. Currently, state law only requires the device for individuals with more than one DUI conviction. The bill, if enacted, could actually enable people to begin driving again sooner after a DUI-related license suspension than before. At the same time, however, the bill has the support of Mothers Against Drunk Driving, an organization which rarely supports legislation that makes things easier for DUI defendants.

State law defines an “ignition interlock system” as one that requires a driver to give a breath sample before starting the vehicle, and which prevents operation of the vehicle if the breath sample shows BAC of 0.025% or higher. The device is required for drivers with two convictions for DUI within a ten-year period, drivers whose license has been suspended for refusal to submit to chemical testing while under arrest, or who violated a previous order to use an ignition interlock system. Drivers must have the device professionally installed, and they are responsible for paying a monthly service fee. Once the state has issued a restricted license requiring ignition interlock, the driver must use the device for at least one year before obtaining an unrestricted license. Drivers with only one DUI conviction are not required to use an ignition interlock device at the end of their license suspension.

The bill would add a new section to the chapter on licensing of drivers to create an “ignition interlock limited license.” Under current law, a first conviction for DUI can result in license suspension of twelve to eighteen months. A person’s license can also be suspended for refusing to submit to chemical testing. Instead of an automatic license suspension, the proposed new law would give drivers the option of continuing to drive with the use of an ignition interlock device. The amount of time an individual has this type of license would be credited to any other period of time they would be required to have an ignition interlock system under current law for the same alleged offense. Continue reading