For the Defense - Volume 2, Issue 4 - 2017 - 21

including potential license suspension, or plead
guilty to the DUI and be immediately eligible for
an IILL. Until Act 30 goes into effect next year, it
is important to advise these clients not to make
shortsighted decisions regarding their driver's
license without appreciating the long-term benefits associated with completing the ARD program.

How Does My Client Obtain an IILL?
In order to obtain an IILL, individuals must file a
petition, via certified mail, with PennDOT showing
proof of the installation of the device and proof of
insurance.13 If the individual is qualified, PennDOT
is required to issue the IILL within twenty days
of receipt of the application.14 The IILL is only
required to be installed in vehicles in which the
individual will drive, not all vehicles owned by the
individual.15 Individuals who operate employer
owned vehicles during the course of their employment will be permitted to operate these vehicles
without the ignition interlock device provided
that the vehicles are not partially or fully owned
by the driver, the vehicles are not made available
for the driver's personal use, and the employer is
aware of the restrictions. A DL-3805 form verifying
this must be submitted to PennDOT, carried by
the employee, and produced if stopped by law
enforcement.
The cost of the ignition interlock system
varies depending on the provider chosen, and
the individual required to have the system

installed is responsible for all costs. The ignition
interlock system is leased from the vendor at
an average cost of $900 to $1,300 per year. A
list of approved vendors is published in the
Pennsylvania Bulletin and can be found on the
PA DUI Association's website.

How Will Act 33 and Act 30
Impact Defense Lawyers?
In the upcoming months, Act 33 and Act 30 will
benefit our clients by permitting them to operate
a vehicle while their licenses are suspended,
which, in turn, will eliminate certain employment
issues. It also appears that the administrative
aspect of any DUI practice will compound as
defense attorneys will be relied upon in the
application, processing, and receipt of the IILL.
Moreover, the majority of issues created by Act
33 and Act 30 will not be resolved within the
court room. Instead, the issues must be addressed
through the administrative law process as both
an IILL application denial or recall can only be
challenged through an administrative appeal16
Regardless of the additional costs and administrative aspects, however, overall, I believe the
legislature took a step in the right direction for
everyone and the extra time and expense will be
well worth it to many of our clients.
Click here to view and/or print the
full notes section for this article.

About the Author
Attorney William J. Watt, III is a partner in the firm of Saporito, Falcone & Watt
located in Pittston, Luzerne County, Pennsylvania. He received his B.S. in Business
from King's College in 2004, and his J.D. from the Dickinson School of Law of the
Pennsylvania State University in 2007. He was admitted by both the Pennsylvania
State Supreme Court and the United States District Court for the Middle District
of Pennsylvania in 2007. He is a member of the Pennsylvania Bar Association, the
Wilkes-Barre Law and Library Association, and the Pennsylvania Association of
Criminal Defense Lawyers.
Attorney Watt previously served as a part-time assistant public defender in Luzerne
County and conflict counsel for Luzerne County for approximately eight (8) years.
He currently serves as a CJA federal criminal defense attorney in the United States
District Court for the Middle District of Pennsylvania. In addition, he currently serves
as specially appointed counsel in Luzerne County for homicide cases and PostConviction Relief Act matters.

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Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 4 - 2017