75 Pa.C.S. § 3808: Illegally operating a motor vehicle not equipped with ignition interlock device.

(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 device 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 an ignition interlock device 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) (Deleted by amendment).

(ii) Section 3805 (relating to ignition interlock).

(ii.1) Section 3805.1 (relating to ignition interlock driver's license).

(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock device.

(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 device 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 an ignition interlock device and who has an amount of alcohol by weight in the individual's blood that is equal to or greater than 0.025% at the time of testing or who has in the individual's 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) (Deleted by amendment).

(ii) Section 3805.

(ii.1) Section 3805.1.

(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock device.

(b) Tampering with an ignition interlock device.--A person that tampers with an ignition interlock device 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 device 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 device required by law, shall include attempting to circumvent or bypass or circumventing or bypassing an ignition interlock device 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 device required by law.

(c) Suspension of operating privilege.--Notwithstanding section 3805(h) 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 device 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 designation 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 device which occurred during the same ignition interlock driver's license period, the department shall suspend the person's operating privilege for a period of one year and recall the ignition interlock driver's license, and the person shall surrender the ignition interlock driver's 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 designation.

(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.