Legal Blog

 

New Ignition Interlock Law Allows Suspended Drivers to Drive

Sep 08 2017, by Michael Fienman in Alcohol, DUI

As of August 25, 2017, Pennsylvania’s new Ignition Interlock Device Law is in full effect. The law provides for an ignition interlock device to be installed into vehicles to ensure that approved drivers who have been convicted of some DUI offenses do not operate a motor vehicle if their blood alcohol content is above 0.025.

If you were convicted of a DUI in Pennsylvania and your license has been suspended, you may be eligible to obtain an ignition interlock device. By adhering to the regulations set forth in the new law, many drivers who are suspended for a DUI and related offenses will now be able to continue driving. For more information and to see if you are eligible, contact Fienman Defense. We will help you through the process of obtaining PennDOT approval.

Call us to schedule a free initial consultation at (215) 839-9529.

What is an Ignition Interlock Device?

Essentially, the device is installed into your vehicle, and for your car to start, you must breathe into a breath test device (sometimes called a breathalyzer). If your BAC registers higher than a 0.025, the ignition interlock device will not permit the vehicle to start. This is called a lockout period. The first lockout is five minutes. After five minutes have passed, the driver can blow again. If his or her BAC remains too high, there is another lockout period of 30 minutes.

Who is eligible to receive an Ignition Interlock Device?

Individuals convicted of a DUI for the first time are eligible (if approved) following PennDOT’s 20-day application review period. For individuals who have been convicted of a previous DUI, there are different regulations:

  • Ungraded Misdemeanor: If you have been convicted of an ungraded misdemeanor, you are eligible for an ignition interlock device six months into your 12-month license suspension.
  • First-Degree Misdemeanor: If you have been convicted of a first-degree misdemeanor, you are eligible for an ignition interlock device nine months into your 18-month suspension.

How Does the Application Process Work?

The applicant must complete an application and submit it to PennDOT through the mail. The applicant must also provide evidence that he or she is financially able to pay for the instillation and ongoing costs associated with having an ignition interlock installed in their vehicle.

The application fee is $65 and there is an installation fee of $150. There is also a monthly charge that is estimated to cost between $60 and $80 to cover monitoring of the device by PennDOT.

Who is ineligible?

Those who are ineligible for an Ignition Interlock fall under one or more of the following:

  • A driver in poor standing due to a prior car accident or other serious infractions on their driving record;
  • A driver previously convicted of homicide by vehicle;
  • An individual unlicensed to drive in PA or any another state at the time of their DUI arrest;
  • A driver who desires to use Ignition Interlock on a commercial vehicle;
  • A driver who already has certain other limitations placed on their driving privileges

How Fienman Defense Can Help

If you are facing a DUI related license suspension in Philadelphia, Delaware County, Bucks County, Montgomery County, or any other place in Pennsylvania, top rated DUI attorney Michael Fienman is here to help. Fienman Defense will investigate your case to find the best possible outcome. In many instances we will be able to assist you in regaining your ability to drive legally by obtaining approval for the instillation of an ignition interlock device in your vehicle.

Fienman Defense offers a free and confidential initial consultation. Call us today at (215) 839-9529.