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610-436-1410Ignition interlock devices (IIDs) play a significant role in DUI cases in Pennsylvania, particularly for individuals with repeat offenses or high blood alcohol content (BAC) levels.
Understanding how these devices work, the rules surrounding their use, and the consequences of violating IID regulations is crucial for anyone facing a DUI conviction.
An ignition interlock device is a breathalyzer that connects to a vehicle’s ignition system.
The device prevents the vehicle from starting unless the driver provides a breath sample that shows a blood alcohol content below 0.02%.
The device requires a breath sample to start the car and, at times, randomly during a drive. This feature ensures that the driver remains sober throughout the journey.
In Pennsylvania, IIDs are required for certain DUI offenders to regain driving privileges after a suspension. This technology is part of a broader initiative to reduce repeat DUI offenses and keep Pennsylvania’s roads safer.
Pennsylvania law mandates the installation of an IID under specific circumstances.
Drivers with second or subsequent DUI convictions, those with a high BAC (0.10% or higher) for a first offense, or individuals who refuse to submit to chemical testing may be required to install an IID.
Additionally, drivers convicted of DUI with a minor in the vehicle face IID requirements.
It is important to understand that while not every DUI case requires an IID, many repeat offenders or those with aggravated circumstances will have to install one.
An experienced attorney can provide clarity and guidance on whether your case qualifies for an IID.
An ignition interlock device operates by measuring the driver’s BAC before the vehicle starts.
The driver must blow into the device, and if their BAC is below the limit, the car will start.
However, the device is not a one-time test. It requires “rolling retests” while the vehicle is in motion to ensure that the driver remains sober.
If alcohol is detected during these tests, the device records the violation and may sound an alarm to alert the driver.
The device keeps a record of all test results, including missed tests or failed BAC readings, which can lead to further penalties.
Data from the device is submitted regularly to a monitoring agency, and failure to comply with IID rules can lead to license suspension or extended use of the IID.
The costs associated with an IID can be significant.
Drivers are responsible for the installation, monthly maintenance, and removal fees, which can add up to over $1,000 for the duration of its use.
The installation fee is typically around $150, while monthly monitoring costs range between $70 and $100. These costs can vary depending on the provider and location.
For some, these financial burdens may pose a significant hardship.
Pennsylvania law allows individuals to request an exemption if they can prove financial difficulty, although this exemption only reduces the requirement to install an IID in one vehicle instead of all vehicles owned.
In most cases, Pennsylvania law requires drivers to use an IID for at least one year before they can apply for an unrestricted license.
This period may be extended if the driver violates any IID-related rules, such as tampering with the device or attempting to bypass its functionality.
It is important to comply fully with IID regulations during this period, as violations can lead to stricter penalties, including longer IID use or additional fines.
There are several important rules that drivers must follow when using an IID.
First, the device must be installed on all vehicles the driver owns or operates.
Also, the driver is responsible for ensuring the device is regularly maintained and that all data is submitted to the appropriate authorities.
One of the most important rules is that drivers cannot tamper with the IID or allow someone else to provide a breath sample in their place.
Doing so can result in serious penalties, including misdemeanor charges, extended IID use, and additional fines.
Drivers must also avoid missing or failing retests while driving, as these violations can have legal consequences.
Violating the rules associated with an IID can result in serious penalties.
If a driver is found operating a vehicle without an IID when one is required, they can face jail time of up to 90 days and fines of up to $1,000.
Even if the driver is not under the influence of alcohol, simply driving without the device installed is a violation.
Tampering with an IID is another common violation, which carries similar penalties. Additionally, failing to complete required maintenance or missing a scheduled data upload can result in extended IID use or further suspension of driving privileges.
The consequences for violating IID rules are serious, and drivers should take care to follow all requirements to avoid additional penalties.
While ignition interlock devices are an important part of Pennsylvania’s effort to reduce DUI recidivism, their requirements can be burdensome and costly.
Working with a criminal defense lawyer like Attorney Michael J. Skinner can help you avoid the need for an IID in the first place or minimize its impact on your life.
One of the most effective ways to avoid an IID requirement is to fight the underlying DUI charge.
Attorney Skinner has extensive experience defending DUI cases and can explore potential defenses, such as challenging the legality of the traffic stop, the accuracy of BAC tests, or improper procedures during your arrest.
Successfully challenging your DUI charge can eliminate the need for an IID entirely.
If you have already been ordered to use an IID and are facing violations, Attorney Skinner can represent you in court and work to reduce penalties.
Whether it is an administrative error, a misunderstanding, or a genuine mistake, a defense lawyer can help mitigate the consequences.
In some cases, it may be possible to challenge the IID requirement itself, particularly if it places an undue financial burden on you.
Attorney Skinner can help you apply for exemptions or negotiate alternatives that may reduce the cost and inconvenience of using an IID.
Ignition interlock devices are an important part of Pennsylvania’s DUI laws, but they can also be costly and inconvenient.
If you are facing DUI charges or dealing with the complexities of an IID, Attorney Michael J. Skinner and the Skinner Law Firm can help.
By working with an experienced DUI defense lawyer, you can fight your charges, minimize penalties, and protect your right to drive.
Contact the Skinner Law Firm today to learn how we can assist with your DUI case. Call (610) 436-1410 or fill out our contact form.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
By Michael Skinner |
12 Sep, 2024
