Pennsylvania Since August 25, 2017, Pennsylvania requires the use of ignition interlocks for repeat and first-time offenders with a BAC of .10 or greater and for those who refuse the BAC test. From 2006 to 2020 in Pennsylvania, interlocks stopped 93,037 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 9,336 attempts to drive drunk in 2020.
Grade: F (31.5/100) Pennsylvania is one if 16 states without an all-offender law. Although interlocks are required for some first-time offenders, most drunk drivers avoid an interlock by entering diversion (ARD). Closing loopholes will ensure more interlocks are installed and lives saved.
Why does MADD not call the law all-offender? Judges are not required to order an interlock for first-time offenders with a BAC of .08 to .099. Process to obtain an ignition interlock 1. If petitioning for the Ignition Interlock Limited License (IILL), the person will need to: a. Have the Ignition Interlock Device (IID) installed in vehicle. b. After IID is installed, complete the DL-9108 IILL Petition and any additional required forms listed on the checklist. 2. If you have served your full suspension and still have an IID requirement, you will need to: a. Have the Ignition Interlock installed in your vehicle. b. Complete the Ignition Interlock License application which is found in your Restoration Requirements Letter (RRL) c. Please review the RRL for any additional requirements. 3. Schedule an appointment to have an interlock device installed. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon arrest 1 year Second offense
Require interlocks for all first-time convicted drunk drivers. Eliminate interlock waiting periods.
6 months after revocation
First refusal Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes A person must remain on an interlock until Pennsylvania DOT receives a declaration from the person's interlock vendor, in a form provided or approved by the department, certifying that the following incidents have not occurred in the two prior consecutive months: 1) An attempt to start the vehicle with a BAC of .08 or more, not followed within five minutes by a subsequent attempt with a breath alcohol concentration lower than .08., 2) Failure to take or pass any required retest. 3) Failure of the person to appear at the ignition interlock system vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device such that the ignition interlock system no longer functions. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? No Individuals whose income is below 200% of the poverty level, may apply for a Hardship Exemption. The hardship exemption allows the individual to have it installed in only one vehicle. Legislative Recommendation Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.
Sources: 75 §3805(a), Pennsylvania DOT.
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