Illegally Operating a Vehicle Without an Ignition Interlock (75 Pa.C.S. § 3808)

Pennsylvania Ignition Interlock Violations – What You Need to Know

If you are required to drive only vehicles equipped with an ignition interlock device and are caught operating a vehicle without an interlock, you can face new criminal charges, additional license suspensions, and mandatory incarceration. These cases are charged under 75 Pa.C.S. § 3808 and are often filed in addition to a DUI or probation violation.

At Zuckerman Law Firm LLC, we regularly defend clients charged with ignition interlock violations throughout Pittsburgh and Western Pennsylvania.

Illegal Operation Without an Ignition Interlock - Definition and Penalties

The crime of Illegal Operation of a Vehicle Without Ignition Interlock is found at Title 75 Section 3808(a)(1) of the Pennsylvania Motor Vehicle Code. To prove you guilty of this offense, the Commonwealth must prove:

• You drove, operated or exercised actual physical control of the movement of a vehicle within Pennsylvania;

• The driving, operation or control over the movement of a motor vehicle occurred in a vehicle without an ignition interlock system; and

• The driver was required to have an ignition interlock system due to:

  • Having an Ignition Interlock Limited License under Section 1556 of the Vehicle Code;

  • Being subject to an Ignition Interlock requirement due to a past DUI or chemical test refusal under Section 3805 of the Vehicle Code; OR

  • Being subject to an Ignition Interlock requirement from another state or jurisdiction.

This is an Ungraded Misdemeanor offense carrying a mandatory $1,000 fine, a maximum sentence of up to 90 days of incarceration, and extends the ignition interlock requirement by 12 months from the conviction date.

Illegal Operation of Vehicle Without Interlock With Drugs or Alcohol In System - Definition and Penalties

The penalties for illegally operating a vehicle without an Ignition Interlock system becomes more severe if you had drugs or alcohol in your system at the time of the offense. The crime of Illegal Operation of a Vehicle Without Interlock with Drugs or Alcohol is found at Title 75 Section 3802(a)(2) of the Pennsylvania Motor Vehicle Code. To prove you guilty of this offense, the Commonwealth must prove:

• You drove, operated or exercised actual physical control of the movement of a vehicle within Pennsylvania;

• The driving, operation or control over the movement of a motor vehicle occurred in a vehicle without an ignition interlock system;

• The driver was required to have an ignition interlock system due to:

  • Having an Ignition Interlock Limited License under Section 1556 of the Vehicle Code;

  • Being subject to an Ignition Interlock requirement due to a past DUI or chemical test refusal under Section 3805 of the Vehicle Code; OR

  • Being subject to an Ignition Interlock requirement from another state or jurisdiction; AND

• The driver had a BAC of .025% at the time of testing, or any amount of a Schedule I controlled substances, any non-prescribed Schedule II or III substance in his or her blood.

This is a 3rd Degree Misdemeanor offense carrying a 90-day mandatory minimum jail sentence, maximum sentence of up to 1 year in jail and a mandatory $1,000 fine. This offense extends the ignition interlock requirement by 12 months from the conviction date, and is a qualified offense for a potential 5-year habitual offender revocation.

Common Situations That Lead to These Charges

Clients are often charged under § 3808 when:

• Driving a work vehicle without an interlock

• Borrowing a family member’s or friend’s car

• Driving during an emergency

• Believing the interlock requirement had ended

• Receiving incorrect advice about eligibility to drive

There may be legal or factual defenses to the charges, or mitigating circumstances to be presented in negotiating a reduction of the charges.

Speak With a Pittsburgh DUI Defense Lawyer

If you are charged with Illegally Operating a Vehicle Without an Ignition Interlock under 75 Pa.C.S. § 3808, do not assume the outcome is automatic.

📞 Call Zuckerman Law Firm LLC today at 412-447-5580 or request a confidential consultation through our website to discuss your options.