Ignition Interlock System - PA DUI Law
The Ignition Interlock System is often required for multiple DUI convictions.
An interlock system is a device from the state department of transportation that prevents you from starting your vehicle unless you first provide a breath sample with a BAC of less than 0.025%. If you are convicted of a DUI and you have a prior DUI conviction within 10 years, you must comply with ignition interlock requirements after completing a mandatory license suspension. The interlock requirements provide that you must install an interlock device on each and every vehicle owned by or registered to you during the restriction period. However, if this requirement provides an undue financial hardship, then you may obtain an exception from the department of transportation allowing you to install the system on only one vehicle. There are also employment exceptions under which you may operate a non-interlock-equipped vehicle during the course of employment.
If you qualify for an interlock system, and you are caught driving a non-interlock-equipped vehicle, you are committing a crime. There are two illegal operation offenses that apply: (1) driving without an interlock system, which is a misdemeanor subjecting you to confinement of not more than 90 days, and (2) driving without an interlock system and with a BAC equal to or greater than 0.025% at the time of testing or within any amount of a controlled substance, which is a misdemeanor subjecting you to confinement of at least 90 days.
If you are caught tampering with your interlock system, even if it involves using another person’s breath, you may be charged with a misdemeanor.
If you qualify for an interlock system, you must retain that system for one year from the date of your conviction. A second conviction under the same restricted license will result in an additional one-year license suspension, a recall of the interlock-restricted license, and compliance with the interlock requirements again after the new suspension. If you commit any other offenses that result in a sanction against your driver’s license, you will have to surrender the restricted license until the sanction has been served in full. You will not, however, lose time credited for use of the restricted license.
If you are arrested for operating a vehicle without an interlock system, you may be requested to submit to chemical testing. If you refuse, your license will be suspended for an additional amount of time and the interlock-restricted license will be recalled. After you finish this additional license suspensions, you will have to re-apply for a restricted license.
At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.
