Spotlight Issue: DUI law update – ignition interlock limited license

A law passed in 2016 changing the requirement for ignition interlock is now in effect as of August 25, 2017. What does Act 33 of 2016 mean for people convicted of DUI in Berks County? Let’s review what the law was prior to August 25th.

Under the old law, a person who was convicted of a first-offense DUI which carried a license suspension was usually eligible for an Occupational Limited License (OLL) after a certain period of the suspension had passed. This type of license (sometimes called a “bread and butter” license) allowed first-time DUI offenders to drive for limited purposes, including work and medical appointments. DUI ARD defendants were not (and still are not) eligible to receive OLL’s during their license suspension period. DUI offenders convicted of a second or subsequent DUI within 10 years were required to install the ignition interlock for a period of time after their driving privileges were restored. First time DUI offenders were never required to install ignition interlock.

So what has changed? First, DUI offenders are, for the most part, no longer eligible to receive OLL’s during their DUI suspension. This is also the case for DUI offenders with a separate suspension for refusing to submit to chemical testing under §1547. Second, all DUI offenders, except those in the ARD program and those charged with first offense general impairment (BAC below .08) are now required to have an ignition interlock installed in their vehicle for at least 1 year. During that time with the ignition interlock, the DUI offender is given an “ignition interlock limited license” which permits them to drive as long as the vehicle they are driving has been equipped with an approved ignition interlocks system.

The new law allows for exceptions to be made if the DUI offender does not own a vehicle or if installing an ignition interlock in all vehicles owned by the DUI offender would impose a financial hardship. Additionally, DUI offenders who drive a work vehicle can be exempt from the requirement to install the ignition interlock on the work vehicle, but only if is not driven for personal use.

This change is good news for a lot of Berks County DUI offenders. First-time DUI offenders are eligible to apply for the ignition interlock limited license as soon as their license suspension becomes effective. This means that there is little, if any, time when they are unable to drive. Repeat DUI offenders are allowed to apply for the ignition interlock limited license once they have completed half of their suspension. The new law makes it easier for DUI offenders to continue working and going to school while hopefully ensuring that they are doing so safely.

If you’ve been charged with a DUI in Reading, PA and have questions about when you are eligible to receive your ignition interlock limited license, contact our experienced Berks County DUI attorneys today at 610-372-5128 or info@enmlaw.com.

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