2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3808 - Illegally operating a motor vehicle not equipped with ignition interlock.

     § 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).