Posts Tagged ‘DUI license suspension lawyer Berks County’

Spotlight Issue: DUI law update – ignition interlock limited license

Wednesday, September 27th, 2017

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.

Spotlight Issue: Update on DUI license suspensions in Pennsylvania

Wednesday, May 31st, 2017

In 2016, the US Supreme Court issued a decision in Birchfield v. North Dakota which changed the way that DUI cases are handled in Pennsylvania. Read more about that decision here. One issue that the Birchfield Court seemed to leave alone was civil penalties for a driver refusing to submit to chemical testing (blood or breath test). But, the Pennsylvania Commonwealth Court has now addressed the issue directly following the Birchfield decision.

In Boseman v. Department of Transportation, Bureau of Driver Licensing, the defendant was arrested for suspicion of DUI and was asked to submit to a blood test. The police said that she refused to submit to the test and her driver’s license was suspended for 1 year as a result of that refusal. In her appeal, the defendant argued two issues. First, that she should have been given a second chance to submit to the blood test before the police decided that she had refused. Second, because of the new requirements under Birchfield, the defendant argued that the police should have obtained a search warrant before requesting that she submit to the blood test.

In its decision, the Commonwealth Court said that the police were not required to give the defendant a second chance to take the blood test. The Court said that the police are not required to try to convince drivers to try to take the test or wait for them to make a decision. Further, once a driver has refused, he cannot later change his mind and agree to take the test.

The Commonwealth Court in Boseman also declined to overturn the defendant’s license suspension in light of the Birchfield decision. The Commonwealth Court essentially said that the Birchfield decision did not apply to the defendant’s case because her license was suspended in an administrative proceeding under the civil Implied Consent statute rather than as a result of a criminal penalty in a criminal statute. The Commonwealth Court further said that the Implied Consent warnings that were read to the defendant made it clear that it was not a crime to refuse to submit to the blood test, but that there would be a license suspension as a result of the refusal. Therefore, the Commonwealth Court said that the license suspension was appropriate.

What does this mean for Berks County drivers? At this time, the new DUI requirements under Birchfield do not apply to license suspensions for refusal to submit to chemical testing. The license suspension process will continue to be handled by PennDot as it was prior to the Birchfield decision. But, there is a lot of change on the criminal side of things and we’ll give you some updates on that soon.

If you’ve been charged with a DUI in Reading, PA and your license has been suspended because the police said you refused to submit to chemical testing, you may be able to fight your license suspension with PennDot. Contact our experienced Berks County DUI lawyers before you miss any deadlines. Call us at 610-372-5128 or email at info@enmlaw.com.