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)] SECTION 1556 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.
* * *
(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 (relating to ignition
A03094 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30