Proposal would toughen interlock rules

By Edward Lewis elewis@timesleader.comStaff Writer

Drunken drivers in Luzerne County and throughout the state convicted of their first offense may find it more difficult and costly to operate a motor vehicle under a proposal in Harrisburg.

A bill in the state Senate would mandate drunken drivers upon their first conviction to operate a vehicle with an interlock ignition device.

Currently, the state’s DUI law requires an interlock ignition device after a second drunken driving conviction.

At a news conference last week, state Sen. John C. Rafferty, R-Collegeville, announced his bill, S.B. 1184, would change the current DUI law with the goal of making roadways safer.

“In talking to law enforcement… more and more are receiving these hit-and-run accidents at night. Or pedestrians are hit and the drivers drive off. Or cars are hit and the drivers drive off. The suspicion is these drivers are under the influence and they did not want to be caught at the scene,” Rafferty said. “So it is imperative for us to step up here in Pennsylvania.”

Ignition interlock is a device that is installed on vehicles to prohibit individuals under the influence of alcohol from driving them. Drivers are required to blow into the device before starting the vehicle.

If the device detects alcohol, it will prevent the vehicle from starting.

The device also at periodic times during operation of the vehicle prompts drivers to to blow into the mouthpiece to ensure they are not under the influence.

Attorney James Haggerty of Kingston said the bill unfairly punishes those first-time DUI offenders.

“Who is going to get the interlock and abide by the rules? Those people who are low risk and not going to re-offend anyway,” Haggerty said. “This law as it is written is not going to do anything about high-risk offenders.”

Haggerty, who has been defending DUI offenders for 16 years, said the bill as drafted is “complicated and confusing.”

“I’ve spent three or four hours reading this bill and making a chart comparing it to the current law,” he said. “It’s messed up. This would be a disaster in the court system if this bill passes as it is drafted.”

Expensive devices

In addition to court costs and hefty fines for a DUI conviction, an interlock ignition device can be pricey.

Devices are leased from a certified vendor with the Pennsylvania Department of Transportation and cost approximately $1,000 per system with additional fees for monthly operation and calibration. All vehicles owned or leased by a DUI-convicted driver is required to have an ignition device under the law.

There are currently 6,331 licensed drivers in Pennsylvania with the interlock ignition device, according to PennDOT.

If Rafferty’s proposal becomes law, it would have an impact on approximately 600 drivers convicted of DUI in Luzerne County.

According to latest statistics from the Pennsylvania Commission on Sentencing, there were 615 DUI sentences in Luzerne County in 2009, 788 in 2008, 621 in 2007 and 647 in 2006.

State police Uniform Crime Report statistics indicate there have been 620 DUI arrests in Luzerne County from Jan. 1 through Sept. 29.

Citing statistics from the National Highway Traffic Safety Administration, Rafferty said 15 other states that have similar ignition interlock laws have seen a 60 percent decrease in repeat DUI arrests.

Dallas Township Police Chief Robert Jolly, who coordinates the Luzerne County DUI Processing Center, believes education should be a priority for first-time DUI offenders.

“You have to ask, ‘What is the goal?’ ” Jolly said. “If somebody has their first DUI conviction with no prior record, they are eligible for ARD (Accelerated Rehabilitation Disposition). If they get a second or third offense, I can say, ‘We didn’t get your attention with the education’ and perhaps the interlock system is the best course of action.”

First-time DUI offenders can be subjected to mandatory alcohol highway safety school, face a 12-month license suspension, six months probation (ARD) and a $300 fine. Car insurance also increases for DUI convictions.

Suspended license issue

Stephen Erni, executive director for the PA DUI Association, stated in an email that approximately 65 percent of DUI-convicted drivers continue to drive with a suspended license.

“Since the (2003) inception of the ignition interlock law in Pennsylvania for second offenders, we have been able to stop more than 250,000 attempts by individuals driving after consuming alcoholic beverages,” Erni stated.

Rafferty’s bill was referred to the state Senate Transportation Committee that he chairs.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.