§ 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 any
of the following 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:
(i) Section 1556 (relating to ignition interlock limited license).
(ii) Section 3805 (relating to ignition interlock).
(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock
system.
(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 any
of the following 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:
(i) Section 1556.
(ii) Section 3805.
(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock
system.
(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. An
offense under this subsection shall be deemed to have been committed at either the
location where tampering occurred or the place where the vehicle containing the ignition
interlock system required by law is registered. 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 until the person
has complied with the requirements of section 3805.
(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. 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.; May 25, 2016, P.L.236, No.33, eff. 15
months; July 20, 2017, P.L.333, No.30, eff. 15 months)
2017 Amendment. Act 30 amended subsec. (c)(2).
2016 Amendment. Act 33 amended subsecs. (a), (b) and (c)(1).
Cross References. Section 3808 is referred to in sections 1541, 1542, 1547, 3805, 3811, 3812, 6506 of
this title; section 8137 of Title 35 (Health and Safety); sections 1515, 1725.3 of
Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 2005–2024 · leading case:
Com. v. Edwards, M., 229 A.3d 298 (Pa. Super. Ct. 2020).
Com. v. Edwards, M., 229 A.3d 298 (Pa. Super. Ct. 2020).
· cites it 2× “75 Pa.C.S. § 3808(b). - 17 - J-A24007-19 Conversely, the Commonwealth attacks Appellant’s argument that Section 3304(a)(2) requires proof that he committed acts of an intentional, surreptitious, or dishonest nature, asserting that “the plain language of the statute expressly…”
Com. v. Peralta, J., 311 A.3d 1 (Pa. Super. Ct. 2024).
· cites it 2× “Appellant was convicted of one count of illegally operating a motor vehicle not equipped with ignition interlock, 75 Pa.C.S. § 3808, as well as the summary offenses of unlawfully operating a vehicle without an emission inspection sticker and unlawfully operating a vehicle…”
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“Chapter 38, or 75 Pa.C.S. § 3808(a)(2) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock).”
Com. v. Peralta, J., 2024 Pa. Super. 20 (Pa. Super. Ct. 2024).
· cites it 2× “Appellant was convicted of one count of illegally operating a motor vehicle not equipped with ignition interlock, 75 Pa.C.S. § 3808, as well as the summary offenses of unlawfully operating a vehicle without an emission inspection sticker and unlawfully operating a vehicle…”
Com. v. Edwards, M., 2020 Pa. Super. 37 (Pa. Super. Ct. 2020).
· cites it 2× “75 Pa.C.S. § 3808(b). - 17 - J-A24007-19 Conversely, the Commonwealth attacks Appellant’s argument that Section 3304(a)(2) requires proof that he committed acts of an intentional, surreptitious, or dishonest nature, asserting that “the plain language of the statute expressly…”
Com. v. Myers, N. (Pa. Super. Ct. 2016).
· cites it 3× “1 75 Pa.C.S. §§ 3808(a)(1) and 1543(b)(1), respectively.”
Sfida v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 877 A.2d 537 (Pa. Commw. Ct. 2005).
“§ 3802 (relating to driving under the influence of alcohol or controlled substance) or 75 Pa.C.S. § 3808(a)(2) (relating to illegally driving a motor vehicle not equipped with ignition interlock) may be requested to submit to chemical testing, and if testing is refused, an…”
Com. v. Crews, R. (Pa. Super. Ct. 2018).
“§ 1543(b)(1), and operating a vehicle without ignition interlock, 75 Pa.C.S. § 3808(a)(1). The latter two charges, however, were nolle prossed by the Commonwealth.”
Com. v. Weiner, C. (Pa. Super. Ct. 2018).
“6 75 Pa.C.S. § 3808(a)(1). -3- J-S20027-18 Our standard of review of the trial court’s suppression ruling is well settled: When the Commonwealth appeals a suppression order, we consider only the evidence from [Appellee’s] witnesses together with the portion of the Commonwealth’s…”
Com. v. Morrison, R. (Pa. Super. Ct. 2018).
“”); 75 Pa.C.S. § 3808(a)(1) (driving without required ignition interlock: “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 any of the following who drives, operates…”
Com. v. Henderson, W. (Pa. Super. Ct. 2018).
“§ 3802(a)(1); 75 Pa.C.S. § 3808(a)(1); 75 Pa.C.S. § 3743(a); and 75 Pa.”
— 75 Pa. Cons. Stat. § 3808(a) — 2 cases
Com. v. Peralta, J., 311 A.3d 1 (Pa. Super. Ct. 2024).
“Appellant was convicted of one count of illegally operating a motor vehicle not equipped with ignition interlock, 75 Pa.C.S. § 3808, as well as the summary offenses of unlawfully operating a vehicle without an emission inspection sticker and unlawfully operating a vehicle…”
Com. v. Peralta, J., 2024 Pa. Super. 20 (Pa. Super. Ct. 2024).
“Appellant was convicted of one count of illegally operating a motor vehicle not equipped with ignition interlock, 75 Pa.C.S. § 3808, as well as the summary offenses of unlawfully operating a vehicle without an emission inspection sticker and unlawfully operating a vehicle…”
— 75 Pa. Cons. Stat. § 3808(a)(1) — 6 cases
Com. v. Myers, N. (Pa. Super. Ct. 2016).
“1 75 Pa.C.S. §§ 3808(a)(1) and 1543(b)(1), respectively.”
Com. v. Crews, R. (Pa. Super. Ct. 2018).
“§ 1543(b)(1), and operating a vehicle without ignition interlock, 75 Pa.C.S. § 3808(a)(1). The latter two charges, however, were nolle prossed by the Commonwealth.”
Com. v. Weiner, C. (Pa. Super. Ct. 2018).
“6 75 Pa.C.S. § 3808(a)(1). -3- J-S20027-18 Our standard of review of the trial court’s suppression ruling is well settled: When the Commonwealth appeals a suppression order, we consider only the evidence from [Appellee’s] witnesses together with the portion of the Commonwealth’s…”
Com. v. Morrison, R. (Pa. Super. Ct. 2018).
“”); 75 Pa.C.S. § 3808(a)(1) (driving without required ignition interlock: “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 any of the following who drives, operates…”
Com. v. Henderson, W. (Pa. Super. Ct. 2018).
“§ 3802(a)(1); 75 Pa.C.S. § 3808(a)(1); 75 Pa.C.S. § 3743(a); and 75 Pa.”
— 75 Pa. Cons. Stat. § 3808(a)(2) — 2 cases
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“Chapter 38, or 75 Pa.C.S. § 3808(a)(2) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock).”
Sfida v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 877 A.2d 537 (Pa. Commw. Ct. 2005).
“§ 3802 (relating to driving under the influence of alcohol or controlled substance) or 75 Pa.C.S. § 3808(a)(2) (relating to illegally driving a motor vehicle not equipped with ignition interlock) may be requested to submit to chemical testing, and if testing is refused, an…”
— 75 Pa. Cons. Stat. § 3808(a)(l) — 1 case
Com. v. Myers, N. (Pa. Super. Ct. 2016).
“1 75 Pa.C.S. §§ 3808(a)(1) and 1543(b)(1), respectively.”
— 75 Pa. Cons. Stat. § 3808(b) — 2 cases
Com. v. Edwards, M., 229 A.3d 298 (Pa. Super. Ct. 2020).
“75 Pa.C.S. § 3808(b). - 17 - J-A24007-19 Conversely, the Commonwealth attacks Appellant’s argument that Section 3304(a)(2) requires proof that he committed acts of an intentional, surreptitious, or dishonest nature, asserting that “the plain language of the statute expressly…”
Com. v. Edwards, M., 2020 Pa. Super. 37 (Pa. Super. Ct. 2020).
“75 Pa.C.S. § 3808(b). - 17 - J-A24007-19 Conversely, the Commonwealth attacks Appellant’s argument that Section 3304(a)(2) requires proof that he committed acts of an intentional, surreptitious, or dishonest nature, asserting that “the plain language of the statute expressly…”
— 75 Pa. Cons. Stat. § 3808(c) — 1 case
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