Berks County Bar Association The Berks Barrister Spring 2019 - 8

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State DUI Law Changes Expand Use of Ignition Interlock Devices
Continued from page 7

vehicle's engine if the IID detects
alcohol at a level of .0.25% BrAC
or higher. If this happens, the
IID will prevent the vehicle's
engine from starting and the
driver must wait five minutes to
resubmit a breath sample to start
the vehicle. This waiting period is
known as the "temporary lockout
period." If the BrAC is still at the
prohibited level at the time of the
second or subsequent tests, the
"temporary lockout period" is 30
minutes. After the third initial
test violation, the unit will go into what is called an "early recall"
and the client has five days to get into their Interlock Service
Provider to have the interlock unit reset. Failure to have the unit
reset within the "early recall period" will result in the unit locking
out and the client not being able to start the vehicle.
As of September 1, 2018, a camera must be installed on a
PennDOT required Interlock installation. The camera will take a
photograph of the person who is blowing into the IID to identify
who is providing the required breath sample.
After the driver successfully starts the vehicle, the IID prompts
the driver to provide other random breath samples while the
vehicle is operating. These tests are called "rolling retests." The
first, initial rolling retest will occur five to 15 minutes after the
vehicle's engine is started, thereafter the rolling retests will occur
every 15 to 45 minutes. Participants have six minutes to complete
this test. For safety reasons, if the participant violates during the
rolling retest (giving a breath sample that is above the violation
level, or they skip the rolling retest) the engine will not shut off
automatically, but the device will record the violation and the unit
will go into an "early recall."
In summary, the IID will go into "early recall" if any of the
following would occur during a monitoring period: IID detects
a BrAC of .025% or higher, on three initial tests; the driver skips
one rolling retest; the driver has one BrAC violation during a
rolling retest; the driver circumvents or tampers with the IID
once, or fails to service the device and keep it in running order.
How does PennDOT notify the driver of the effective
suspension date?
As of October 20, 2018, drivers no longer surrender their
licenses in court. The driver will be advised by the assigned
Assistant District Attorney or Judge that within 60 days of the
conviction or the ARD admission that their license suspension
will begin and PennDOT is notified of the DUI conviction or
ARD participation.
PennDOT will mail out a Notification of Suspension letter to
the client. The Notice of Suspension letter provides the effective
date for the suspension. The effective date of license suspension
is approximately 30 days after the Notice of Suspension, which
8 | Berks Barrister

is sent to allow for the Thirtyday appeal period. Though the
Assistant District Attorney
states the Notice of Suspension
will be received within 60
days, practically, the Notice
of Suspension usually should
arrive at the driver's address
in approximately two to
three weeks from the date of
conviction or ARD admission.
If the driver has to serve half
of a suspension period prior to
the installation of the IID, how
does PennDOT advise the driver of the date he or she becomes
eligible for the Ignition Interlock Device?
In relation to suspensions due to DUI convictions or refusals
to submit to chemical tests (and not DUI ARD suspensions),
PennDOT advises that the clients carefully read their Notification
of Suspension letter, which lists their suspension period, then refer
to the Ignition Interlock Limited License Eligibility Charts, on
the PennDOT website, to check when they would be eligible.
PennDOT does not send the IILL Petition with the Notification
of Suspension letter, but refers clients to the website to acquire the
DL-9108 IILL Petition.
The IID is mandatory for all DUI offenders. If the offender
does not own a vehicle, he or she will serve out the full suspension
period listed in the Notification of Suspension Letter. 30 days
prior to the end of the suspension period, PennDOT will mail the
client a Restoration Requirements Letter listing any requirements
that still must be completed before qualifying for their unrestricted
drivers license, plus, paperwork and instructions on how to Certify
Non-Ownership of a vehicle. Client will be required to carry
the Interlock Restricted license for a year to satisfy the Interlock
Requirement.
When should the driver have the IID installed and petition for
an Ignition Interlock Limited License?
The schedule for having the IID installed and filing the
Ignition Interlock Limited License Petition, resulting from either
a conviction or a DUI ARD placement, is the same.
When the driver receives the Notice of Suspension Letter,
the driver should schedule to have the IID installed at an
installation center seven to 10 days prior to the effective date of
the suspension, or seven to 10 days before completing half of the
suspension time (see IILL Eligibility Charts). Per PennDOT,
clients can install the IID and complete and send by certify
mail the IILL Petition, to PennDOT, for up to 30 days prior to
the suspension start date or serving half of the suspension time
(per the IILL Charts). Any IILL Petitions received during this
time frame will be reviewed and held, but not processed until
date of suspension or eligibility date. The delay to have the IID
installed is advisable because installing the IID any sooner than
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Berks County Bar Association The Berks Barrister Spring 2019

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