The biggest concern for my clients facing a DUI charge is when and for how long will they lose their license. Unfortunately the license suspension is a civil penalty dictated by Penn-Dot therefore it cannot be negotiated as part of the sentence. The length of a DUI related suspension is determined by which tier the offenders BAC falls into. However, as a former DUI Prosecutor I know there are ways to minimize my clients' suspensions.
The Pennsylvania Department of Transportation allows first time offenders who receive a one-year license suspension the ability to apply for an Occupational Limited License (OLL). This allows offenders to retain their ability to commute to and from work after serving a minimum 60-day suspension.
The Pennsylvania State Legislature enacted the Ignition Interlock law, which mandates that second time offenders install an ignition interlock system on each motor vehicle they own, operate, or lease for one year following their initial suspension. The interlock system is a small device about the size of a cell phone that prohibits those under the influence of alcohol from operating their vehicle. It requires the operator to blow into the device (much like a PBT) before starting the vehicle. If the driver does not have any alcohol on their breath then the vehicle will start normally. If the driver has a measurable amount of alcohol above the predetermined level then the vehicle's electrical system will automatically shut down. The driver will then be prompted to blow into the device at random times throughout the operation of the vehicle so as to make sure the driver is in compliance. A common misconception is that if a driver is out of compliance while driving that the system will automatically shut down their car. This is untrue, if the device detects the presence of alcohol while in motion the vehicle's lights will begin to flash and the horn will sound until the car is stopped and shut off.
Although interlocks are required to be installed on each car the defendant owns, certain exceptions may be made for those who operate employer owned vehicles used for work purposes. If you are facing a Pennsylvania DUI I conviction, and are worried about the ramifications on your ability to commute to and from your place of employment, contact Jason R. Antoine.
