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Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

IGNITION INTERLOCK LIMITED LICENSE

PENNSYLVANIA IGNITION INTERLOCK

LIMITED LICENSE

In August 2017, the Ignition Interlock Limited License (IILL) became law. The IILL allows those with a DUI-related license suspension to drive during their suspension if they install an approved interlock device in their vehicle.

The Ignition Interlock law is a significant step forward in rehabilitation for DUI offenders in Pennsylvania. Prior to this law’s enactment, a DUI could spell a death sentence for those who needed their license to maintain their job and continue to provide for their family. Now, an interlock will allow those individuals to operate their vehicles during their license suspension. 

Eligibility for an Ignition Interlock Limited License

            Those convicted of driving under the influence of alcohol or a controlled substance under 75 Pa.C.S. 3802 or those whose license was suspended due to a chemical test refusal under 75 Pa.C.S. 1547 are eligible for the Ignition Interlock Limited License. If an individual has no prior DUI convictions, they are eligible to apply for an IILL immediately. If the individual has one or more prior convictions, the law mandates either a 6 or 9 month waiting period depending on the severity of the prior DUI.

            Individuals who receive a license suspension through the Accelerated Rehabilitative Disposition (ARD) program are not currently eligible for an Ignition Interlock Limited License.

How much does an Ignition Interlock Limited License cost?

            The application fee for the IILL is $65.00 non-refundable. The Interlock device is leased for the term of your suspension from an approved provider. The average cost is between $900 and $1,300 per year. The IILL driver is responsible for all costs.

How to apply for an Ignition Interlock Limited License

            An IILL eligible driver must first fill out the DL-9108 form  which can be found HERE. Once filled out, the driver must submit the DL-9108 along with the $65 filing fee by certified mail to PennDOT. PennDOT will then issue a special limited driver’s license card.

If my license was suspended before the Ignition Interlock Limited License law was passed, will I still be eligible?

            Yes, you will still be eligible if the suspension is the last sanction on your driving history and there are more than 7 days remaining on until your restoration date.

What happens to an Ignition Interlock driver who is caught driving a vehicle not equipped with an interlock?

            An IILL driver who is stopped while operating a vehicle without an interlock is subject to imprisonment, fines, and a 12-month extension of the interlock for a first offense. Subsequent offenses increase the interlock extension and the requirements to be removed from the IILL program.

 

More Information:

Ignition Interlock Limited License Law: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=15&sctn=56&subsctn=0

PennDOT Ignition Interlock Fact Sheet: http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iill.pdf

Ignition Interlock FAQs: http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iilltl.pdf

No matter which DUI statute you have been charged under, you can challenge a DUI on a number of grounds:

 

  • Probable Cause: An officer must have reasonable suspicion to stop your vehicle and probable cause to request that you perform field sobriety tests or submit to a breathalyzer.

 

  • Sobriety Test: These tests are nothing more than an opinion of whether or not you are intoxicated by an officer whose job it is to gather evidence of your guilt. There are only three nationally recognized field sobriety tests and the results should be challenged in court by an experienced attorney.

 

  • Breathalyzer Test: The Intoxilyzer 5000 is under heavy fire in Pennsylvania and numerous other states. The results simply are not accurate and the machine does not do what it purports to do.

 

  • Officer training: Officers need specialized training to conduct a DUI investigation and arrest. Likewise, special training is required to administer a breath test.

 

  • Officer conduct: The overall conduct and experience of an officer at the scene can be challenged.

 

  • Diversion: You may be eligible for the state's Accelerated Rehabilitative Disposition (ARD).

 

  • Plea Bargain: Your attorney may be successful in seeking a reduction or dismissal of the charges.

If you or someone you know has been charged with a DUI/DWI, do not delay in contacting an attorney. Attorney Michael F. Niznik will review your case and offer you a free consultation regarding the charges.