Proposed Pennsylvania Law Adds Ignition Interlock Device Penalty to Certain First DUI Offenses

WEST CHESTER, Pa. - Feb. 10, 2015 - PRLog -- A bill before the Pennsylvania General Assembly would set a new penalty, required installation of an interlock ignition device, for DUI offenses that are the first offense if the BAC is at or above .10, slightly higher than the legal limit for intoxication. Currently, Pennsylvania law holds that a person must have a device installed after the second offense.

“There is movement in the legislature to make punishment even harsher for Pennsylvanians convicted of drunk driving,” said West Chester DUI defense lawyer Michael J. Skinner. “Consequences for driving under the influence are already significant.”

When police pull over a driver and suspect he or she is intoxicated, they will usually ask him or her to take a breath test or blood test that will determine the driver’s blood alcohol content (BAC). If the BAC is at or above .08, the driver is “per se” intoxicated, meaning legally under the influence of alcohol despite any actual effects on the driver’s faculties.

Penalties for a per se DUI are a $300 fine, alcohol highway safety school and, if ordered, alcohol treatment.

If the BAC is tested at or above .10, however, the penalties go up under current law. A person convicted of a high BAC DUI can expect to have up to a year’s license suspension, $500 to $5,000 in fines, at least 48 hours in jail, and alcohol highway safety school. Most DUIs involve BACs at or above .10.

Under Senate Bill 290, from Sen. John C. Rafferty of Montgomery County, Pa., an additional penalty would be added: Any person convicted of a DUI for the first time with a BAC of .10 or higher would be required to have an ignition interlock device installed on all vehicles they operate.

Ignition interlock devices, or IIDs, are connected to the ignition system of a vehicle. To start the vehicle, the driver must blow into the device and provide a breath sample that is sufficiently clean. Periodically while driving, the device will ask for more samples to ensure that another person did not give a sample to start the car.

The driver must have the device installed on every vehicle he or she owns or operates by an approved vendor. The cost of the IID is about $1,000.

The bill has already passed the Senate Transportation Committee unanimously. It must pass both houses of the Assembly and be signed by the governor.

“This bill appears to have momentum,” Skinner said. “People pulled over in Chester County should have a DUI defense lawyer fighting for them, because even if this bill does not pass, the consequences are too great.”

Michael J. Skinner is an experienced West Chester DUI attorney (http://www.skinnerlawfirm.net/AreasofDefense/DrunkDriving...) who represents people in Chester, Delaware, Montgomery and Lancaster Counties accused of driving under the influence.