On May 25, 2016, Act 33 of 2016, amending the ignition interlock requirements for individuals convicted of Driving Under the Influence offenses, was signed into law by Pennsylvania Governor Tom Wolf. The new requirements went into effect on Friday, August 25, 2017.

An Ignition Interlock system is a mechanism installed in an offender’s vehicle designed to prevent a person from being able to start the vehicle if they are under the influence of alcohol.  The system measures whether there is alcohol on the operator’s breath, and should the presence of alcohol be detected, the vehicle will not start.  While a motor vehicle is being operated with the system, it will randomly prompt the operator to breathe into the device to determine if alcohol is present.  The Ignition Interlock system costs between $800 and $1,300 to install, by an approved vendor.  An Ignition Interlock Limited Driver’s License is required and can only be applied for upon proof of installation of the system.  The non-refundable application fee for the license is $65.00.

Prior to the enactment of this stricter law, individuals convicted of a second or subsequent offense were the only ones required to have the system installed.  The amendments to the ignition interlock law makes the system mandatory for first time offenders with high blood alcohol levels (BAC of .10% or greater), repeat offenders with high blood alcohol levels, those who refuse to submit to a chemical test of their blood or breath, and individuals convicted of operating a motor vehicle without an ignition interlock system when it is required for them to do so.  

An offender may have their employer complete an employment exemption affidavit so that they may be permitted to drive an employer owned vehicle that does not have the device installed.  An exemption is not permitted when the employer-owned vehicle is a school owned vehicle, including a school bus and school van or it is designed to transport more than 15 people.

Should you have any questions about the expanded Ignition Interlock law, please contact Davis & Davis.