Here is a quick summary of the new law based upon my review (this is not a full legal opinion from a Bucks County criminal defense lawyer):
Effective in 15 months from May 25, 2016:
(1) Occupational limited licenses are no longer available for DUIs. Instead, motorists may apply for the new “Ignition Interlock Limited License.”
(2) Ignition Interlock Limited License (IILL)
If first offense DUI, then the motorist is immediately eligible for the IILL. App by filing a Petition with PennDOT. PennDOT must approve within 20 days.
-- License cannot be suspended for any other reason.
--Cannot get an IILL for Commercial Vehicles
--Cannot get IILL for suspensions resulting from Homicide by Vehicle or Hom by Veh. While DUI convictions.
--IILL only required on any vehicle driven by motorists (not all vehicles owned by motorist).
--Motorist may drive employers owned vehicle without an ignition interlock if within score of employment.
--requires employer’s notarized signature on PennDOT form (which will be created) authorizing employee to drive and stating employer is aware of the employee’s restricted license.
If Prior Offense DUI offenses:
--IILL available after 6 months of 12 month suspensions (ungraded misdemeanor DUI cases).
--IILL available after 9 months of 18 month suspensions (misdemeanor 1 DUI cases).
Refusals
-- IILL available after 6 months of a 12 month suspension
-- ILL available after 9 months of an 18 month suspension.
Effective immediately:
(3) Urine is no longer an approved method of obtaining evidence in DUI cases.
(4) “Prior offense” definition under 75 Pa.C.S. 3806 amended to close loop hole created by previous legislation. Prior offense includes a DUI offense that occurred “on or after the date of the offense for which the defendant is being sentenced.” Also, if the Defendant is sentenced for two or more DUI offenses in the same day, the offenses shall be considered prior offenses.”
COMMENTS:
I do not believe that the IILL applies to ARD cases. Section 1556 (f) titled “Suspension Eligibility” does not mention ARD suspensions imposed under 3807(d). It only defines eligibility for an IILL based upon suspensions imposed under 3804(e). Also, Section 1556 (4) entitled “Adjudication Eligibility” refers to “convictions” of DUI. If anyone has a different take, let me know.
The Act can be viewed here: http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=33