Pennsylvania Statutes
75 PA. Cons. Stat.: Vehicles
Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock.
(a) Offense defined.--
(1) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock system under section
1553(d.2) (relating to occupational limited license) or 3805
(relating to ignition interlock) who drives, operates or is
in actual physical control of the movement of a motor vehicle
within this Commonwealth without such a system commits a
misdemeanor and shall, upon conviction, be sentenced to pay a
fine of not less than $300 and not more than $1,000 and to
imprisonment for not more than 90 days.
(2) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock system under section
1553(d.2) or 3805 who drives, operates or is in actual
physical control of the movement of a motor vehicle within
this Commonwealth without such a system and who has an amount
of alcohol by weight in his blood that is equal to or greater
than 0.025% at the time of testing or who has in his blood
any amount of a Schedule I or nonprescribed Schedule II or
III controlled substance, as defined in the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, or its metabolite commits a
misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of $1,000 and to undergo
imprisonment for a period of not less than 90 days.
(b) Tampering with an ignition interlock system.--A person
that tampers with an ignition interlock system required by law
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not less than $300 nor more than $1,000 and to
undergo imprisonment for not more than 90 days. The term
"tampering," in addition to any physical act which is intended
to alter or interfere with the proper functioning of an ignition
interlock system required by law, shall include attempting to
circumvent or bypass or circumventing or bypassing an ignition
interlock system by:
(1) means of using another individual to provide a
breath sample; or
(2) providing a breath sample for the purpose of
bypassing an ignition interlock system required by law.
(c) Suspension of operating privilege.--Notwithstanding
section 3805(c) and (i):
(1) If a person who is required to only drive, operate
or be in actual physical control of the movement of a motor
vehicle equipped with an ignition interlock system violates
this section, upon receipt of a certified record of the
conviction, the department shall not issue a replacement
license to the person under section 1951(d) (relating to
driver's license and learner's permit) that does not contain
an ignition interlock restriction for a period of one year
from the date of conviction.
(2) Upon receipt of a certified record of a second
conviction of a violation of this section committed by a
person who is required to only drive, operate or be in actual
physical control of the movement of a motor vehicle equipped
with an ignition interlock system which occurred during the
same ignition interlock restricted license period, the
department shall suspend the person's operating privileges
for a period of one year and recall the ignition interlock
restricted license, and the person shall surrender the
ignition interlock restricted license to the department or
its agents designated under the authority of section 1540
(relating to surrender of license). Following completion of
the suspension period, the department shall require that the
person comply with the requirements of section 3805 prior to
being eligible to receive a replacement license under section
1951(d) that does not contain an ignition interlock
restriction.
(d) Applicability.--Notwithstanding section 3101 (relating
to application of part), this section shall apply in all areas
throughout this Commonwealth; however, it shall not apply to
persons installing, maintaining or inspecting ignition interlock
devices in the course and scope of their employment.
(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)
2004 Amendment. Act 177 amended subsecs. (a)(1) and (b).
Cross References. Section 3808 is referred to in sections
1541, 1542, 1547, 3805, 3811, 3812, 6506 of this title; sections
1515, 1725.3, 9804 of Title 42 (Judiciary and Judicial
Procedure).
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