New Rules For PA Work License with DUI

It looks like the Pennsylvania State Government is working to make the PA Work License or Occupational Limited License more available, but with tighter restrictions, to 1st and 2nd time DUI violations. Under the new regulations the fee for a work license application will go up from $50 to $100 which seems more than reasonable considering how much work the employees at PennDOT must do for each application. This fee is not refundable, and experience has shown that finding out if you are eligible for the license is a bit on the tricky side. I talk to dozens of people every week who tell me they can't get a straight answer if they qualify for the Occupational License, and I have to set most straight on reasons they may be disqualified or on how we can get them qualified or the work license.

The proposed new regulations would also require a first time DUI violation to get the limited license after serving a set time of suspension and would require the instillation and maintenance of the Ignition Interlock system. The ignition interlock system is a system to prevent the starting and operation of a vehicle by anyone who can not pass a breath test. The system measures blood alcohol levels through a breathalyzer and prevent the start of the vehicle. The interlock system also requires re-test during the extended operation of the vehicle, and will provide a shutdown if the test is ignored or failed. This is a basic prevention measure and is a good first step toward recovery, and not a horrible choice to allow violators a break without being too much of an obstruction.

You can find the full text of the proposed regulations and changes to the Occupational Limited License Law below. Please share your thoughts about requiring the interlock system for first and second time DUI offenders. Is it too much of a restriction or should more be done to prevent violators from driving?

PA Work License - Occupational License - Bread & Butter License new DUI rules

PennDOT survey got me thinking about DUI penalties.

PennDOT would like you help in completing a survey on driving safety and responsibility. There are a series of questions about driving habits and some general demographic questions. Completing this survey will help PennDOT decide where to concentrate improvement and enforcement in the future.

Driving Survey

I took the survey and it took me less than 5 minutes. There are some tricky questions that do not have clear answers, but I don't think it was meant to be an exact representation. I also skipped the motorcycle portion of the survey as I do not drive a motorcycle.

From the questions I can see where PennDOT is going. They are looking to see if their marketing efforts are having an impact on perceived driver safety and I believe they want to find out where the general public views issues. PennDOT is also asking about what laws you may be interested in regarding DUI with ignition interlock for a first offence, and making seat belt violations a primary offence. Both of these will make maintaining your rivers license more difficult, but may result in safer roadways.

I personally agree that adding a requirement for first time DUI offenders must have the ignition interlock system installed, but only if there is less license suspension time required as a result. This requirement will improve safety and restrict the second time offenders, at the same time allow for a previously licensed driver to continue to work and earn to pay for the fines and costs associated to DUI. The inclusion of an ignition interlock requirement will also teach a driver how quickly you can be impaired by alcohol by showing them their BAC at the same time preventing them from driving drunk.

I do not like violations that cause the double penalty of heavy fines and license suspension for a single mistake. A Pennsylvania resident should never have to be homeless because of penalties of a single mistake, but requiring heavy fines as well as an expensive breathalyzer in addition to a license suspension is a burden that very few can bear at one time. This situation can result in a resident having to pay much more than what they can afford, and not being able to maintain employment or education, causing even more problems with money. This downward spiral can continue with no easy way out, and this is what I would seek to prevent.

Maryland man pushes to make traffic violations transfer to PA

A Maryland man who's son was killed in a motor vehicle accident, wants to know why there was no punishment for the man who held a Pennsylvania drivers license. The PA driver was driving in Maryland when he his a boy who was driving a dirt bike illegally on a Maryland road. The PA driver was speeding, going 60+ in a 35mph zone, and he was charged with speeding, reckless driving, and other violations according to the article. The issue the Maryland man now has with Pennsylvania is that no record of the crash or the violations exist on the PA drivers record. This lack of violation and accident allowed the Pennsylvania driver to be accepted into the ARD program some time after the accident, something that would not have happened if the District Attorney had known of the accident and violations in Maryland. This leads to the question...should out of state violations be counted on a Pennsylvania drivers record?

Ed Kohls' son, Connor, was killed in front of his home and dragged to the curve in 2008. The driver of the vehicle, David Auble, was from York County, but the citations he received in the crash never transferred to his Pennsylvania license. About a year later, Auble would receive ARD for a DUI charge in York County -- something York County's district attorney said wouldn't have happened had Auble's Pennsylvania driving record included the fatal crash. (DAILY RECORD/SUNDAY NEWS- BIL BOWDEN)

The problem with allowing out of state driving violations to effect your PA driving privilege, you have to be sure that the charges are equal. Some states have different requirements for convictions of same named violations. It could no be fair to be given a reckless driving for speeding in Maryland, and that violation carries the same weight in Pennsylvania (6 month license suspension) or Virginia (jail time). So is this a serious enough problem to assign a task force to review every driving law in each state? I'm sure if it was your child in the accident, it would be.

I believe we are on our way to a system where drivers can be properly held accountable for violations throughout the United States, but it's going to take better agreements and cooperation between all the states. As the system works right now there is too much confusion when violations occur out of your home state, the average driver does not have enough information to choose the best action to resolve these violations. The Pennsylvania Supreme court is spending too much time giving opinions on how to handle all types of violations and suspension matters resulting from these points of confusion.

You can find the article here.

Have a happy and safe holiday! PA police cracking down on unsafe driving.

Drive Safely!

Please drive safely this holiday weekend. Thanksgiving weekend is one of the largest party weekends of the next few months, and you need to be aware that extra enforcement will be out looking for problem drivers.

If the police think it is enough of a problem to put extra patrols on the road for increased enforcement, then you should be extra careful when driving this weekend. You should be on the lookout for erratic driving and dangerous situations. Drinking and driving is a dangerous combination and when combined with a larger than normal party crew, being out during prime DUI times will be extra dangerous.

Slow down when driving!

Make sure you are aware of who is around and where they are headed. Take an extra moment to make sure that guy headed for you is really going to stop at the stop sign, and then proceed. If you notice that car in front of you swerving and weaving, slow down and let them go ahead, and don't be afraid to call 911 if you see someone driving crazy, it might just save their lives and yours.

Protect your drivers license!

Remember that your drivers license is a valuable privilege to have, and if for nothing else make sure your driving safely this holiday season.

So I was quoted in a story about the limited work license for DUI.

The story is interesting enough and hits all the basics. I don't remember giving the quote but I've done a few over the last year and this article is a year old now. You also need to know the law states that a PA Occupational License can be given for a first or second DUI, but with a second DUI the restrictions are much tougher. A probationary license is another example of a break for someone who has been convicted of a DUI. The Probationary License has very strict restrictions that require the suspended driver to fit into a very specific situation to have their driving privilege returned to a restricted level.

By TIFFANY WRIGHT Daily American Staff Writer Rating: 0

Saturday, September 12, 2009 10:19 PM EDT

When major holidays near, random police stops and sobriety checkpoints start popping up in municipalities. Driving under the influence (DUI) campaigns are used throughout the year to try to deter drivers from making decisions that could harm lives. And while the number of impaired drivers involved in a crash continues to fluctuate, law officials say the campaigns are helpful — even if they only reach a limited number of drivers. “I believe that people do take this into consideration and I do believe that if there are police out there they will reconsider driving impaired,” said Pam Kane, Pennsylvania Department of Transportation District 9 safety press officer. Ali Wenger, a spokeswoman with PennDOT, said drivers need to realize driving impaired is not just referring to alcohol. “The number of alcohol-related fatalities isn’t changing much, but we have seen increased numbers of arrests for impairment,” she said. “That’s more than just alcohol. With our drug recognition training going on more officers can determine if someone is under the influence of prescription drugs or marijuana.” Catherine Tress, a Western Pennsylvania law enforcement director for the Pennsylvania DUI Association, said agencies are looking to make an impression with DUI campaigns by making the public aware that laws will be enforced. “Certain times of the year there is a high enforcement and we make a public education effort to try to prevent people from losing their lives or becoming arrested,” Tress said. “Thanksgiving is one of the bigger holidays that has a lot of DUI crashes and fatalities.” According to the association, there were 186 vehicle crashes the week before Thanksgiving, with four of those fatalities. On Thanksgiving Day alone there were 213 alcohol-related crashes in the state. Ten of the crashes were fatal. The week after Thanksgiving there were 182 crashes, with seven of those fatalities. Even though Thanksgiving is the holiday with the most DUI incidents, PennDOT and the association will launch another impaired driving campaign for Halloween. “The National Highway Traffic Safety Administration is noticing a trend that Halloween is becoming more known as an adult holiday party, which usually involves alcohol,” Tress said. Officials say DUI-related accidents and deaths can be prevented with prior planning. “Our biggest message to people is to make your arrangements before you go to a party or event,” Tress said. “That one night of enjoyment is not worth it. Nobody is saying it’s prohibition, but make your arrangements ahead of time.” State and nationwide campaigns may not deter all motorists from driving impaired, but officials say, even if a campaign’s message reaches a limited number of people it is valuable. “If we did it every day it would just become standard. We think it’s more of a deterrent if you go out there for a brief, two-week period of time and say ‘Hey, this is what we’re doing. Pay attention,’” Kane said. Tress said that the combined components of education and enforcement attribute to whether a campaign makes a difference. “With those things together — even if it saves just a few lives it’s worth it,” she said. The Pennsylvania DUI Association states that men were most likely to be involved with DUI-related incidents. Also, most occurred during the night on a weekend. DUI campaigns are typically formed for Thanksgiving, Christmas/New Year, the Super Bowl, St. Patrick’s Day, Memorial Day, the Fourth of July, Labor Day and Halloween. License Restoration Services in Pennsylvania provides assistance for drivers who have a suspended license. The service only provides an occupational limited license for those with a DUI citation who are first time offenders, according to Vincent DiAngelus, owner of the License Restoration Services. The license can only be issued once a suspension time has been served. “It allows drivers to go to and from work, school, a doctor or therapy during limited hours of the day,” he said. According to the Pennsylvania DUI Association, there were 534 alcohol-related accident in Pennsylvania last year. (Tiffany Wright may be contacted at tiffanyw@dailyamerican.com. Comment on the online story at dailyamerican.com.)

PA Courts rule that "sleeping it off" in your car might not lead to a DUI

In a reversal of one of the most asinine rules I have ever encountered, it seems that some judges are now using a little common sense on the issue of an intoxicated person sitting in a vehicle.

Prior to this ruling if you were drunk and sitting in a parked car, with the key in your possession, or the car running, you were considered in control of the vehicle. The officer could arrest and charge you with a DUI. This created a problem for people who had more to drink than they anticipated and had to "sleep it off" in their car. They knew better than to drive, and decided to take a nap in their car. It still resulted in a DUI and resulted in loss of their license, large fines, and increased insurance.

The article states;

The key issue in the Verdekal and other cases revolves around a provision within the drunken driving statute that permits police to charge a driver - even if the vehicle is not moving - as long as the officer can show the operator was in “actual physical control” of the vehicle. The problem for police has been in how appellate courts have interpreted what constitutes “actual physical control,” McMonagle said.

DUI Decision Frustrated Officials

By Terrie Morgan-Besecker 

To think that everyone who is in a vehicle and has had too much to drink is going to drive is asinine! There will be those who will drive drunk...and the job of the police is to stop those people, but not to punish those who they assume will break the law. The line needs to be drawn with operation and not potential operation.

As written in the previous article, if the officer can see that there was operation of the vehicle by the intoxicated individual then arrest and charge, but if the car is parked in a safe location or running in a parking lot, then there should be no reason to "think" the person is going to commit a crime.

Roving DUI crews watching the streets for "motor vehicle violations"

A report from the Delco Daily Times. http://www.delconewsnetwork.com

The Northern Delaware County DUI Taskforce will be conducting roving patrols during the weekend of Friday, June 11 within it's jurisdictional area.

The Northern Delaware County DUI Taskforce is comprised of six municipalities - Haverford, Marple, Newtown, Radnor, Springfield and Upper Darby townships. It has been in operation since September 2009 and has conducted nine operations to date. The taskforce has arrested 39 drivers for Driving Under the Influence of alcohol or drugs, issued 13 citations for underage drinking, 226 citations and 120 warnings for other motor vehicle violations.

The purpose of the Northern Delaware County DUI Taskforce is to save lives on the roadways and reduce injuries by aggressively enforcing DUI laws. Sobriety checkpoints are a proactive visual deterrent while also removing impaired drivers; roving patrols are traffic details with the main goals to spot and stop possible impaired drivers before they can cause harm to innocent unsuspecting motorists traveling on our roadways.

The Northern Delaware County DUI Taskforce reminds all drivers over the age of 21 to be responsible and NEVER operate a motor vehicle while impaired. Read carefully all instruction labels on prescription or over the counter medications and make arrangements prior to consuming alcohol for a designated driver. Don’t risk arrest, injury or death.

appeal from an eighteen-month suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (Department) for his refusal to submit to chemical testing pursuant to Section 1547(b)(1)(i) of the Vehicle Code, 75 Pa. C.S. § 1547(b)

WROBLEWSKI v. COMMONWEALTH
Daniel Wroblewski, Appellant,
v.
Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing.
No. 1281 C.D. 2009.
Commonwealth Court of Pennsylvania.
Submitted: February 12, 2010.
Filed: March 26, 2010.
BEFORE: McGINLEY, Judge; BROBSON, Judge; FLAHERTY, Senior Judge.

OPINION NOT REPORTED

MEMORANDUM OPINION BY SENIOR JUDGE FLAHERTY
Daniel Wroblewski (Licensee) appeals from an order of the Court of Common Pleas of Erie County (trial court) which dismissed his statutory appeal from an eighteen-month suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (Department) for his refusal to submit to chemical testing pursuant to Section 1547(b)(1)(i) of the Vehicle Code, 75 Pa. C.S. § 1547(b)(1)(i). We affirm.
On January 22, 2009, Licensee was charged with driving under the influence of alcohol or a controlled substance in violation of Section 3802 of the Vehicle Code, 75 Pa. C.S. § 3802. The Department notified Licensee by letter dated February 9, 2009, that his operating privileges would be suspended for eighteen months, as a result of his refusal to submit to chemical testing on January 22, 2009. Licensee filed a timely appeal to the trial court which conducted a de novo hearing.
The facts as found by the trial court are as follows. Licensee drove his vehicle into the back of another vehicle. Licensee got out of his vehicle and approached the driver of the other vehicle (Witness). When Licensee saw Witness use his cell phone to call police, Licensee panicked, got back in his car and drove away.

PA decides to suspend a driver's license because he drank too much

Pennsylvania courts have decided that you can be suspended based on the amount of alcohol you consume. The ruling does not give limits, but leave the rate vs time factor a fuzzy area.

Now we're not talking about drinking then driving, but just drinking too much as you sit at home and watch TV. This man had a prior DUI in his past, but drank too much for his doctor and PennDOT. So when his doctor notified PennDOT (as he is legally required to do) the state agency suspended his license.