DUI Frequently Asked Questions
The DUI lawyers with the Palkovitz Law Office Traffic Law Center understand that DUI can be a confusing subject. Here, we answer some of the most frequently asked questions. If you have been charged with DUI, please do not plead guilty. Instead, to discuss your specific DUI situation, contact our lawyers to schedule a free consultation.
What is DUI?
In Pennsylvania, Driving While Under the Influence of Intoxicating Liquor or Drugs is also referred to as “DAI,” “DUI” or “DWI” for short. There is no difference between these 3 terms. To be charged with DUI, a defendant must operate a motor vehicle while impaired or with a blood or breath alcohol concentration in excess of the statutory limit.
Pennsylvania DUI/DWI/DAI cases may be referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). However, if you or someone you care about has been charged with any type of drinking and driving crime in Pennsylvania, you need the help of a Pennsylvania lawyer that concentrates on DUI/DWI/DAI defense.
Drunk driving defense is a specialized area. Let one of the qualified attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI/DWI/DAI. Contact the Palkovitz Law Office Traffic Law Center for a free consultation by calling (412) 678-9000.
A Pennsylvania DUI/DWI/DAI arrest will trigger two cases: the court case, with a variety of potential consequences, including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more; and the driver’s license case where the Pennsylvania Department of Transportation (PennDot) will seek to take away the driver’s license in a separate action.
Pennsylvania is one of a few states that have a “per se” law related to driving under the influence of drugs (DUI Drugs). This means that if you are arrested with a measurable amount of specified drugs in blood system, you will be punished as if you were at the highest alcohol levels.
Punishment in Pennsylvania drunk driving (DUI) and driving after imbibing (DAI) cases is a function of the alcohol level. Pennsylvania DUI//DAI law has a three-tiered system: one DUI punishment for those who drive with a blood alcohol content of .08 to .099%, another set of DUI punishments for blood alcohol levels from .10 to .159%, and the harshest DUI punishment for those who drive with blood alcohol levels of .16% or higher. Various alcohol levels have been linked to increasing levels of risk-taking or impaired behavior.
Laws in Pennsylvania (effective February 1, 2004), provide for different punishment levels for first, second, third and fourth-offense DUI’s and DAI’s, which vary depending on alcohol content. Also, Pennsylvania formerly had a legal limit of .10%, which has now been reduced to .08, creating a new class of DUI/DWI/ DAI offenses.
Pennsylvania does allow for jury trials, but not on “ungraded misdemeanors.” This means that you are not allowed a jury trial on a Pennsylvania DUI/DWI/DAI case unless it is a second offense DUI/DWI/DAI with a BAC of .16% or higher (or a refusal), or a third offense DUI/DWI/DAI.
Prior DUI/DWI/DAI offenses, for purposes of Pennsylvania’s multiple offender law, are calculated as occurring within a 10-year period.
PennDot Case
Pennsylvania DUI and driving after imbibing (DAI) arrests also trigger an administrative driver’s license suspension of one year per conviction, but only if the driver refuses a chemical test. This sanction is separate and apart from any consequences imposed by the court. This is an administrative action that is taken by the Department of Transportation pursuant to Pennsylvania’s implied consent laws.
Implied consent warnings are only to inform the operator of the requirement to take a test of breath, blood or urine. The operator has the ability to refuse; however, this refusal will result in a one year or more loss of operating privileges. This action may be appealed directly to a civil trial, but an appeal must be filed and served within 30 days of the operator’s notice from Pennsylvania Department of Transportation. If an appeal is unsuccessful at the Common Pleas level, the operator may appeal to the Commonwealth Court.
An operator is under an affirmative duty to forward the actual license and/or affidavit (DL-16 Form) to assure acknowledgment. Failure to comply with this duty shall result in non-credited suspension time by Pennsylvania Department of Transportation (PennDot).
Under Pennsylvania Law, any person who holds an operator’s license within Pennsylvania, and is in actual physical control of the movement of a motor vehicle shall be deemed to have given implied consent to one or more chemical tests of breath, blood, or urine, if an officer has reasonable grounds to believe the person had been driving, operating or was in actual physical control of the movement of a motor vehicle while impaired. If a driver refuses, he/she will have their license suspended for 12 months and 3 days mandatory incarceration. If they are subsequently convicted of the D.U.I. or D.A.I. charge, the suspension will be in addition to the suspension for the D.U.I. or D.A.I. conviction. A person is not entitled to have an attorney present for this particular test.
Please note, that a license refusal is a civil matter, resulting in license suspension only, not incarceration. However, if caught operating a motor vehicle while under suspension, there will be a 60-day mandatory incarceration, $500.00 fine, and an additional one year suspension.
Do I need to hire DUI lawyers?
The answer is Yes!
Experienced DUI lawyers can help you understand the DUI charges and all of the issues involved. DUI is a serious offense that requires a mandatory jail sentence upon conviction and a mandatory driver’s license suspension. Involving DUI lawyers in the case may result in the charges being dropped, may result in the charges being reduced to a non-alcohol or non-drug related offense, or may result in some other more favorable outcome to the defendant.
There are also two separate proceedings involved ― one involving the criminal case and one involving a civil administrative case with the Department of Motor Vehicles. As a result, it is very important that defendants understand DUI law and receive a favorable outcome the first time he/she is arrested, and what he/she can do to avoid or minimize the damage on this offense as well as avoiding future arrests. Consulting with experienced Pennsylvania DUI lawyers can help educate defendants on these factors and help defendants secure a favorable outcome to their DUI case.
DUI is one of the most common crimes people hire an attorney to defend. It seems like every year there are new harsher DUI laws and the penalties get more serious all the time.
Whatever you do, please do not plead guilty without having your case reviewed by an experienced DUI attorney such as the lawyers with the Palkovitz Law Office Traffic Law Center. Our DUI lawyers can help you determine what, if any, defenses you have to your DUI case or your defenses to the related motor vehicle driver’s license suspension. You have a right to demand a trial by jury on a DUI case and you also have a right to request a hearing at the Motor Vehicle Division. Our DUI lawyers can represent you in both the criminal courts and at the motor vehicle division.
How do I find very good DUI lawyers?
It may seem difficult to select DUI lawyers at first and we caution you against retaining the first attorney you meet. There are many lawyers throughout Pennsylvania who do not focus their practice to DUI and criminal cases and some of these lawyers only handle a few cases a year.
To find good DUI lawyers in western Pennsylvania, we suggest that you ask the following questions:
- Does the firm have lawyers who are highly experienced in DUI and criminal defense cases?
- Does the firm have lawyers who focus their practice to DUI and criminal defense?
- Does the firm have access to the state’s most experienced expert witnesses on the forensic testing of blood and breath alcohol?
- Does the firm make promises as to the results that they can obtain? (Beware― this is something ethical attorneys cannot do. Specific results cannot be accurately predicted.)
- Will the firm actually handle the case or will you simply sign me up and refer me to another attorney or firm?
To discuss representation with our experienced DUI lawyers, contact the Palkovitz Law Office Traffic Law Center today.
What do police officers look for when searching for drunk drivers on the highways?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. This list is based upon research conducted by the National Highway Traffic Administration:
- Turning with a wide radius
- Straddling center of lane marker
- “Appearing to be drunk”
- Almost striking object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Headlights off
Speeding is not a symptom of DUI, but it often leads to numerous traffic stops and may result in a DUI case. Most officers, however, note that they will only stop you for speeding if you are ten + miles per hour over the posted limit.
To discuss your DUI situation, contact our DUI lawyers to schedule a free consultation.
If I’m stopped by a police officer and he asks me if I’ve been drinking, what should I say?
Although you are not required to answer potentially incriminating questions, we recommend that you be polite. For example, saying, “I would like to speak with an attorney before I answer any questions” is a good reply. On the other hand, if you only had a few drinks, saying that you had a few drinks may not be incriminating, as one or two drinks is usually not sufficient to cause intoxication and it may explain the odor of alcohol on the breath. This will also make you look honest which could be very important later in your defense.
If you are stopped and asked if you have been drinking, call us. We have DUI lawyers and other experienced legal professionals available to talk to you within 24 hours.
Do I have a right to an attorney when I’m stopped by an officer and asked to take a field sobriety test?
Yes, you have a right to speak with an attorney as soon as practical. However, you or the police may not be able to get your attorney on the phone that fast. It’s best to refuse the Field Sobriety Tests, the Portable Breath Test, the pen to eye test, and then ask for a phone call to your attorney. In Pennsylvania, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing, if doing so does not unreasonably deny the timing of your chemical test. Contact our law office. We have people available within 24 hours to help you.
What is the officer looking for during the initial detention at the scene?
The traditional symptoms of intoxication taught at the police academies are:
- Flushed face
- Red, watery, glassy and/or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Fumbling with wallet trying to get license
- Failure to comprehend the officer’s questions
- Staggering when exiting vehicle
- Swaying/instability on feet
- Leaning on car for support
- Combative, argumentative, jovial or other “inappropriate” attitude
- Soiled, rumpled, disorderly clothing
- Stumbling while walking
- Disorientation as to time and place
- Inability to follow directions
It is important to remember your physical state when you were stopped. There may be other reasons that these symptoms are appearing and our DUI lawyers can use your explanations when negotiating with prosecutors or law enforcement.
What should I do if I’m asked to take field sobriety tests?
There is a wide-range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, eye test called “horizontal gaze nystagmus” test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Pennsylvania, most officers will use a set battery of six common tests.
Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any of the Field Sobriety Tests (FSTs). The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably “fails.” Thus, in most cases a polite refusal may be appropriate and smart.
Why did the officer make me follow a penlight with my eyes to the left and right?
This is the “horizontal gaze nystagmus” test, a relatively recent development in DUI investigation. During this test, the officer attempts to estimate the angle at which the eye begins to jerk (“nystagmus” is medical jargon for a distinctive eye oscillation). If this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye’s tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go.
This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer’s ability to recognize nystagmus and estimate the angle of onset. Because of this, and the fact that the test is not accepted by the medical community, it is not admissible as evidence in many states. Unfortunately, Pennsylvania allows the test as evidence and it is widely used by law enforcement. Our DUI lawyers believe it is one of the least reliable tests and we believe we are very successful in discrediting this test in court.
Should I agree to take a chemical test? What happens if I don’t?
The consequences of refusing to submit to a blood, breath or urine test is a twelve-month driver’s license suspension. Generally, there are two adverse results:
- Your driver’s license will be suspended for a period of twelve months. This may be true even if you are found not guilty of the DUI charge.
- The fact of refusal can be introduced into evidence as “consciousness of guilt” in your criminal court case. Of course, you or your DUI lawyers are free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
Do I have a choice of chemical tests?
No! The police get to decide for you: breath, blood or urine. They also can demand that you do one or more tests. If you refuse at any time, even after you give a valid sample, you can still lose your license.
It is possible that they may let you choose your method of testing. If so, our DUI lawyers recommend a blood test. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis.
Thus, if given a choice and if you are confident that you are sober, a blood sample is the wise choice. If you believe that your blood-alcohol concentration is above the legal limit, choose a breath test or urine test, as these are the least accurate and most easily impeached by DUI lawyers.
The officer never read me a “Miranda” warning: Can I get my case dismissed?
The officer is supposed to give a Fifth Amendment Miranda Warning after he arrests you. Sometimes, however, the officer may not. If the officer fails to give you a Miranda Warning, the consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. If you were not given Miranda, tell your DUI lawyers immediately.
The officer took away my copy of my driver’s license and served me with a pink and yellow temporary license: How can they do that if I’m presumed innocent?
Agreed, it is completely unfair. But according to the law in Pennsylvania, the “per se” statute provides for immediate confiscation of the license if the breath test result is above the legal limit or if you refuse to blow.
CAUTION: In Pennsylvania, you must request an M.V.D. hearing within 15 days of your arrest (or the date you were served with a suspension notice). If you fail to request a hearing, you waive your rights to a hearing and your suspension begins after the fifteenth day passes. Thus, you should always contact DUI lawyers immediately after you are cited.
Can I represent myself? What can DUI lawyers do for me?
You can represent yourself, but this is rarely done and not recommended. DUI is a very complex area of law with increasingly harsh consequences. There are many complicated procedural, evidentiary, constitutional, sentencing and administrative license issues.
Experienced DUI lawyers such as ours can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension or challenge your case in other ways. All cases are different so it’s important to see an attorney as soon as possible.
What is “mouth alcohol?”
Our DUI lawyers can help protect you against a wrongful conviction caused by mouth alcohol. “Mouth alcohol” refers to the existence of any alcohol in the mouth or esophagus. If mouth alcohol is present during a breath test, then the results will be falsely high and may lead to the wrongful conviction of some drivers. This is because the breath machine assumes that the breath is from the lungs and for complex physiological reasons, its internal computer multiplies the amount of alcohol in your breath by 2100 to obtain your estimated “blood” alcohol level. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact on the BAC reading.
Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 to 30 minutes before taking the test could bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine’s reading way up (such products as Binaca and Listerine have alcohol in them). Cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. Chewing tobacco or even gum could trap tiny micro particles of alcohol. A chronic “reflux” condition from gastric distress or a hiatal hernia can cause elevated BAC readings.
What defenses are there in a DUI case?
Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense, which further emphasizes why it is so important to consult with experienced DUI lawyers about your case. Roughly speaking, however, the majority can be broken down into the following areas:
- Driving Defenses: Intoxication is not enough. The prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to testify that the defendant was the driver of the vehicle.
- Challenge to Probable Cause: Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.
- Failure to give Miranda Warning: Incriminating statements may be suppressed if warnings were not given at the appropriate time.
- Challenge to Implied Consent Warnings: If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results as well as the license suspension imposed by the Motor Vehicle Department.
- Challenge to “Under the influence”: The officer’s observations and opinions as to intoxication can be questioned ― the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as “failing.” Witnesses can also testify that you appeared to be sober.
- Challenge to Blood-Alcohol Concentration: There exists a wide range of potential problems with blood, breath or urine testing. “Non-specific” analysis, for example ― most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state’s expert witness, and/or the defense can hire its own forensic chemist.
- Testing During the Absorptive Phase: The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking “one for the road” can cause inaccurate test results.
- Retrograde Extrapolation: This refers to the issue the BAC be “related back” in time from the test to the driving. Again, a number of complex physiological problems are involved here.
- Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance.
- License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the State’s Department of Motor Vehicles.
Don’t plead guilty. Contact our lawyers to schedule a free consultation and discuss possible defenses to your DUI charge.
Will my car insurance increase?
Car insurance companies often will increase premiums after a DUI conviction sometimes by two or three times. While this might be a much higher increase than is mathematically required, there are few laws to regulate the premiums. It is not politically correct to be convicted of DUI and insurance quotes may vary widely from one company to another. Thus, our DUI lawyers recommend that you shop around.
How do Breathalyzers work?
We hear and read about drivers who are charged with DUI after an accident, and usually a news report on the accident will say what the driver’s blood alcohol level was and what the legal limit for blood alcohol is. A driver might be found to have a level of 0.15%, for example, and the legal limit is 0.08%. But what do those figures mean and how do police officers find out if a driver they suspect has been drinking is legally drunk? You have probably heard about the Breathalyzer, but may wonder exactly how a person’s breath can show how much that person has had to drink.
It is important for public safety that drunken drivers are taken off the roads. Of the 42,000 traffic deaths in the United States in 1999, about 38 percent were related to alcohol. Drivers who can pass roadside sobriety tests ― they can touch their noses or walk a straight line ― still might be breaking the legal limit for blood alcohol and therefore are a hazard on the road.
Police officers use some of the latest technology to detect alcohol levels in suspected drunken drivers and remove them from the streets. Many officers in the field rely on breath alcohol testing devices (Breathalyzer is one type) to determine the blood alcohol concentration, referred to as BAC, in drunken-driving suspects. This technology has requirements that must be documented. Our DUI lawyers can help determine if the technology was properly used in your case.
Work Release
At the Palkovitz Law Office Traffic Law Center, our DUI lawyers are able to obtain work release for many of our clients. Work release is often available on misdemeanor cases. Work release is not available if you are convicted of Aggravated DUI. A plea to a lesser charge is the key and we can help you with that.
MVD Conviction Violation Points Assessment
A DUI conviction will also result in points on your driver’s license. Below are two charts. The first details the points involved with a particular offense. The second details the maximum fine, jail, and probation time involved with various offenses. The key to any DUI case is to either get the charges dismissed or reduce the charge to something more favorable than a DUI. Our lawyers have a great deal of experience with DUI cases and have negotiated successful resolution for hundreds of clients. Contact us now to schedule a free, confidential consultation.
§ 1535. Schedule of convictions and points.
(a) General rule ― A point system for driver education and control is hereby established which is related to other provisions for use, suspension and revocation of the operating privilege as specified under this title. Every driver licensed in this Commonwealth who is convicted of any of the following offenses shall be assessed points as of the date of violation in accordance with the following schedule:
| Section Number |
Offense |
Points |
| 1512 |
Violation of restriction on driver’s license |
2 |
| 1571 |
Violation concerning license |
3 |
| 3102 |
Failure to obey policeman or authorized person |
2 |
| 3112(a)(3)(i) or (ii) |
Failure to stop for a red light |
3 |
| 3114(a)(1) |
Failure to stop for a flashing red light |
3 |
| 3302 |
Failure to yield half of roadway to oncoming vehicle |
3 |
| 3303 |
Improper passing |
3 |
| 3304 |
Other improper passing |
3 |
| 3305 |
Other improper passing |
3 |
| 3306(a)(1) |
Other improper passing |
4 |
| 3306(a)(2) |
Other improper passing |
3 |
| 3306(a)(3) |
Other improper passing |
3 |
| 3307 |
Other improper passing |
3 |
| 3310 |
Following too closely |
3 |
| 3321 |
Failure to yield to driver on the right at intersection |
3 |
| 3322 |
Failure to yield to oncoming driver when making left turn |
3 |
| 3323(b) |
Failure to stop for stop sign |
3 |
| 3323(c) |
Failure to yield at yield sign |
3 |
| 3324 |
Failure to yield when entering or crossing roadway between |
3 |
| 3332 |
Improper turning around |
3 |
| 3341(a) |
Failure to obey signal indicating approach of train |
2 |
| 3341(b) |
Failure to comply with crossing gate or barrier (and 30 days’ suspension) |
4 |
| 3342(b) or (e) |
Failure to stop at railroad crossings |
4 |
| 3344 |
Failure to stop when entering from alley, driveway or building |
3 |
| 3345(a) |
Failure to stop for school bus with flashing red lights (and 60 day’s suspension) |
5 |
| 3361 |
Driving too fast for conditions |
2 |
| 3362 |
Exceeding maximum speed ― Over Limit: 6-10 (and departmental hearing and sanctions provided under section 1538(d)) |
2 |
| |
Over Limit:11-15 |
3 |
| |
Over Limit:16-25 |
4 |
| |
Over Limit:26-30 |
5 |
| |
Over Limit: 31-over |
5 |
| 3365(b) |
Exceeding special speed limit in school zone (and 60 days' suspension for a second or subsequent offense) |
3 |
| 3365(c) |
Exceeding special speed limit for trucks on downgrades |
3 |
| 3542(a) |
Failure to yield to pedestrian in crosswalk |
2 |
| 3547 |
Failure to yield to pedestrian on sidewalk |
3 |
| 3549(a) |
Failure to yield to blind pedestrian |
3 |
| 3702 |
Improper backing |
3 |
| 3714(a) |
Careless driving |
3 |
| 3745 |
Leaving scene of accident involving property damage only |
4 |
(b) Multiple offenses from same act ― If a driver is convicted of an offense under section 3361 (relating to driving vehicle at safe speed) or 3714 (relating to careless driving), in addition to being convicted of another offense committed at the same time and place, no points shall be assigned for violation of section 3361 or 3714 if points are assigned for the other offense.
(c) No points after six months ― The department shall assign points to the record of any person within six months from the date of a conviction. Any points assigned after such six-month period shall be null and void.
(d) Exception ― This section does not apply to a person who was operating a pedalcycle or an animal drawn vehicle.
(e) Suspension of operating privilege ― In addition to other provisions of this title relating to the suspension or revocation of operating privileges, the department shall suspend for 15 days the operating privileges of any person who for a violation in an active work zone is convicted under:
(1) section 3361 where the department has received an accident report submitted pursuant to section 3751 (relating to reports by police); or
(2) section 3362 (relating to maximum speed limits) by exceeding the posted speed limit by 11 miles per hour or more.
A conviction report received by the department which indicates that the violation of section 3361 or 3362 occurred in an active work zone shall create a presumption that the violation occurred in an active work zone.
Ignition Interlock Device (IID)
Many times, a DUI conviction results in the defendant having to use an Ignition Interlock Device (IID) on all of his/her personal vehicles for a certain period of time. If you are facing a charge of DUI, our lawyers want you to fully understand what is at stake. Please take a moment to read this information regarding the IID. Then schedule a free consultation to speak to our DUI lawyers about your case. We can help you.
What is an IID?
An IID is a breath alcohol testing instrument that connects to the ignition and power system of a vehicle and is designed to prevent the vehicle from being started if the driver’s alcohol level is above a predetermined set-point.
Ignition interlocks were first developed in the U.S. and currently 35 states have IID laws. IID gained popularity since the 1986 California legislature authorized their use as a condition of license reinstatement. Since that time, there have been significant technical improvements in the devices and the monitoring programs that go along with them, and this has caused interlock programs to gain legitimacy and popularity. As a DUI countermeasure and court tool, IID has had three times lower recidivism rates than other programs.
How does the IID work?
After a driver puts the key into the ignition and turns on the power of the vehicle, the IID unit, depending on the manufacturer, will sound a beep, give a visual warning on a screen, or light or speak to the driver, asking him/her to blow into a device or sensor head. The driver at that point is evaluated by the sensor and if the AC is below the threshold level of .03 set by the State, they are allowed to start the vehicle.
If the driver registers above the threshold of a predetermined acceptable level of alcohol, he/she will be locked out and the vehicle may not be started. When the driver returns to the threshold of acceptance, the vehicle will allow the driver to start the vehicle. When the vehicle starts, the IID will record information for the Motor Vehicle Division (M.V.D.). Information recorded includes the date, the time, and the event that occurred. Events include alcohol level, the result of the test (pass - fail), and any attempt by the driver to circumvent the unit by removing power, tampering, etc. If negative information is sent to the M.V.D., our DUI lawyers may be able to intervene and help you with any consequences.
Is there a requirement to blow again while the vehicle is in motion?
Yes. It was found in a study by Voas & Marques (Federal Register, 1992) that people were bypassing or circumventing the IID by having someone else do the initial blowing into the mouthpiece, then taking advantage of that to drive. The answer the industry found was what is now known as the “Rolling Test,” which requires the driver to provide a breath sample at random intervals into the unit during their drive. The feature is part of the National Highway Traffic Safety Administration (NHTSA) Model Specifications for the IID, of which all units must now pass to be used in most mandatory programs.
How much is the installation of the unit?
The installation cost will be between $75 and $100 and is the responsibility of the defendant. If you cannot afford this, don’t be afraid to tell our DUI defense lawyers. We can help you work out a payment arrangement.
How much is maintenance?
Maintenance is a cost that is also the responsibility of the defendant. Again, if you are concerned about cost, please discuss the matter with our DUI defense lawyers. We can help you. The driver is billed for the lease, download and service associated with the IID. This cost will be between $65 and $75 per month. If damage has been done to the unit, the driver will bear the cost of that damage.
Maintenance includes the re-calibration of the interlock device each time to federal standards set by the NHTSA. This insures the validity of the information given by the unit. Also at this time, the information gathered by the unit is downloaded and a summary, as well as daily log, are produced for monitoring the unit and program, and are forwarded to the M.V.D. The unit is visibly inspected for any tampering and the report on non-compliance is then transmitted to the Jurisdiction mandated by the program.
Where is the unit placed physically on the vehicle?
There are a few placement options available. If you’re concerned about how the device will fit in your vehicle, please discuss it with our DUI lawyers. Depending on the manufacturer, the IID might be placed on top of the dash or to the right of the driver at the edge of the console. Most of the units are small. One manufacturer actually hides the unit and its speaker under the dash. All that is visible is a mouthpiece with a cord, similar to the microphone used by the PD.
How often must the defendant bring the IID in for service?
The Pennsylvania IID program dictates the defendant bring the device in for routine inspection at the end of the first 30-60-90 day period after installation and thereafter every 60 days. The device must also be brought in for inspection if the IID registers a reading in excess of .03 at any time.
What happens if the participant does not have the IID serviced when mandated?
The IID device is preprogrammed to notify the defendant when service is required. With light, audio and visual direction, the unit tells the defendant they have five days to return for service. Every day after they are again reminded “You have four days,” “You have three days.” Either the seventh day or two days after the last message is given, the car enters a lock down mode and will lock the participant out of the vehicle until the information and data is downloaded. If you have concerns about service, please schedule a free consultation to discuss your concerns with our DUI lawyers.
How can a participant contact a center after hours or on weekend?
Manufacturer/Installers are required to have a 24-hour, 7-day a week toll-free number for participants to call.
