Recent Pennsylvania Law Allows First-Time DUI Offenders to Avoid Losing License
A Pennsylvania law that recently went into effect provides a possible alternative for first-time Driving Under the Influence (DUI) offenders who might otherwise lose their driver’s license. The aternative? Install an ignition interlock system.
Pennsylvania law provides for different penalties for DUI convictions depending on the blood-alcohol content (BAC) of the driver. A first-time offender with a BAC between 0.08% and 0.099% faces fines, probation, and driver safety school, but no license suspension. However, those who are convicted with a BAC of over 0.10%, even first-time offenders, face suspension of their license, in addition to a possible prison term. For first-time offenders, the license suspension is 12 months. The same applies to offenders who refuse to take a chemical BAC test. The higher penalties also apply to minors, commercial drivers, school bus drivers, and offenders involved in accidents that injure others, even if their BAC is not in the higher category.
Ignition Interlock Systems Now Available to First-Time DUI Offenders in Pennsylvania
Under pre-existing law, the 12-month license suspension for first-time offenders was automatic, and ignition interlock systems were available only to repeat offenders as part of their probation. Pennsylvania Senate Bill 290, which went fully into effect last year, provides that if a first-time DUI offender is convicted with BAC readings of 0.10 percent or higher, they are eligible to apply for an “ignition interlock limited license” in lieu of losing all driving privileges for a year. With the new license, offenders would be required to install an ignition interlock system in all of the vehicles they own. These devices require the driver to take a BAC breath test before each use of their car. A failed test locks the car for 5 minutes, and a second failed attempt extends the lock to 30 minutes.
The ignition interlock would have to be installed for at least a year. The system is estimated to cost on average $100 per month, and it must be installed by a mechanic approved by PennDOT. Offenders who fail to use their ignition interlock or tamper with the system face additional penalties.
Supporters of SB 290 claimed that the law would strengthen road safety and reduce drunk-driving incidents, while also avoiding completely upending the lives of first-time offenders. The bill’s sponsor, Sen. John Rafferty, cited the success of similar laws in other states: “Statistics in states that have similar laws clearly show the implementation of ignition interlock devices for first-time offenders significantly reduce drunk-driving fatalities.”
