The following is a copy of
the new D.U.I. Statutes.
§ 3801. Definitions
The
following words and phrases when used in this chapter shall have the
meanings given to them in this section unless the context clearly
indicates otherwise:
"Adult."
An individual who is at least 21 years of
age.
"Ignition
interlock system." A system approved by the department which
prevents a vehicle from being started or operated unless the
operator first provides a breath sample indicating that the operator
has an alcohol level less than 0.025%.
"Minor."
An individual who is under 21 years of age.
§ 3802. Driving under
influence of alcohol or controlled
substance
(a)
General impairment.--
(1) An individual may not drive, operate or be in
actual physical control of the movement of a vehicle after imbibing
a sufficient amount of alcohol such that the individual is rendered
incapable of safely driving, operating or being in actual physical
control of the movement of the vehicle.
(2) An individual may not drive, operate or be in
actual physical control of the movement of a vehicle after imbibing
a sufficient amount of alcohol such that the alcohol concentration
in the individual's blood or breath is at least 0.08% but less than
0.10% within two hours after the individual has driven, operated or
been in actual physical control of the movement of the
vehicle.
(b)
High rate of alcohol.--An
individual may not drive, operate or be in actual physical control
of the movement of a vehicle after imbibing a sufficient amount of
alcohol such that the alcohol concentration in the individual's
blood or breath is at least 0.10% but less than 0.16% within two
hours after the individual has driven, operated or been in actual
physical control of the movement of the
vehicle.
(c)
Highest rate of alcohol.--An
individual may not drive, operate or be in actual physical control
of the movement of a vehicle after imbibing a sufficient amount of
alcohol such that the alcohol concentration in the individual's
blood or breath is 0.16% or higher within two hours after the
individual has driven, operated or been in actual physical control
of the movement of the vehicle.
(d)
Controlled substances.--An
individual may not drive, operate or be in actual physical control
of the movement of a vehicle under any of the following
circumstances:
(1) There is in the individual's blood any amount of
a:
(i) Schedule I 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;
(ii) Schedule II or Schedule III controlled substance,
as defined in The Controlled Substance, Drug, Device and Cosmetic
Act, which has not been medically prescribed for the individual;
or
(iii) metabolite of a substance under subparagraph (i)
or (ii).
(2) The individual is under the influence of a drug or
combination of drugs to a degree which impairs the individual's
ability to safely drive, operate or be in actual physical control of
the movement of the vehicle.
(3) The individual is under the combined influence of
alcohol and a drug or combination of drugs to a degree which impairs
the individual's ability to safely drive, operate or be in actual
physical control of the movement of the
vehicle.
(4) The individual is under the influence of a solvent
or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to
sale or illegal use of certain solvents and noxious
substances).
(e)
Minors.--A
minor may not drive, operate or be in actual physical control of the
movement of a vehicle after imbibing a sufficient amount of alcohol
such that the alcohol concentration in the minor's blood or breath
is 0.02% or higher within two hours after the minor has driven,
operated or been in actual physical control of the movement of the
vehicle.
(f)
Commercial or school vehicles.--An
individual may not drive, operate or be in actual physical control
of the movement of a commercial vehicle, school bus or school
vehicle in any of the following
circumstances:
(1) After the individual has imbibed a sufficient
amount of alcohol such that the alcohol concentration in the
individual's blood or breath is:
(i) 0.04% or greater within two hours after the
individual has driven, operated or been in actual physical control
of the movement of a commercial vehicle other than a school bus or a
school vehicle.
(ii) 0.02% or greater within two hours after the
individual has driven, operated or been in actual physical control
of the movement of a school bus or a school
vehicle.
(2) After the individual has imbibed a sufficient
amount of alcohol such that the individual is rendered incapable of
safely driving, operating or being in actual physical control of the
movement of the vehicle.
(3) While the individual is under the influence of a
controlled substance or combination of controlled substances, as
defined in section 1603 (relating to
definitions).
(4) While the individual is under the combined
influence of alcohol and a controlled substance or combination of
controlled substances, as defined in section
1603.
(g)
Exception to two-hour rule.--Notwithstanding
the provisions of subsection (a), (b), (c), (e) or (f), where
alcohol or controlled substance concentration in an individual's
blood or breath is an element of the offense, evidence of such
alcohol or controlled substance concentration more than two hours
after the individual has driven, operated or been in actual physical
control of the movement of the vehicle is sufficient to establish
that element of the offense under the following
circumstances:
(1) where the Commonwealth shows good cause explaining
why the chemical test could not be performed within two hours;
and
(2) where the Commonwealth establishes that the
individual did not imbibe any alcohol or utilize a controlled
substance between the time the individual was arrested and the time
the sample was obtained.
§ 3803.
Grading
(a)
Basic offenses.--Notwithstanding
the provisions of subsection
(b):
(1) An individual who violates section 3802(a)
(relating to driving under influence of alcohol or controlled
substance) and has no more than one prior offense commits a
misdemeanor for which the individual may be sentenced to a term of
imprisonment of not more than six months and to pay a fine under
section 3804 (relating to penalties).
(2) An individual who violates section 3802(a) and has
more than one prior offense commits a misdemeanor of the second
degree.
(b)
Other offenses.--
(1) An individual who violates section 3802(a)(1)
where there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a vehicle or
other property, or who violates section 3802(b), (e) or (f) and who
has no more than one prior offense commits a misdemeanor for which
the individual may be sentenced to a term of imprisonment of not
more than six months and to pay a fine under section
3804.
(2) An individual who violates section 3802(a)(1)
where the individual refused testing of blood or breath, or who
violates section 3802(c) or (d) and who has no prior offenses
commits a misdemeanor for which the individual may be sentenced to a
term of imprisonment of not more than six months and to pay a fine
under section 3804.
(3) An individual who violates section 3802(a)(1)
where there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a vehicle or
other property, or who violates section 3802(b), (e) or (f) and who
has more than one prior offense commits a misdemeanor of the first
degree.
(4) An individual who violates section 3802(a)(1)
where the individual refused testing of blood or breath, or who
violates section 3802(c) or (d) and who has one or more prior
offenses commits a misdemeanor of the first
degree.
§ 3804.
Penalties
(a)
General impairment.--Except
as set forth in subsection (b) or (c), an individual who violates
section 3802(a) (relating to driving under influence of alcohol or
controlled substance) shall be sentenced as
follows:
(1) For a first offense,
to:
(i) undergo a mandatory minimum term of six months'
probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 (relating to drug and
alcohol assessments) and 3815 (relating to mandatory
sentencing).
(2) For a second offense,
to:
(i) undergo imprisonment for not less than five
days;
(ii) pay a fine of not less than $300 nor more than
$2,500;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(3) For a third or subsequent offense,
to:
(i) undergo imprisonment of not less than ten
days;
(ii) pay a fine of not less than $500 nor more than
$5,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(b)
High rate of blood alcohol; minors; commercial vehicles and school
buses and school vehicles; accidents.--Except
as set forth in subsection (c), an individual who violates section
3802(a)(1) where there was an accident resulting in bodily injury,
serious bodily injury or death of any person or damage to a vehicle
or other property or who violates section 3802(b), (e) or (f) shall
be sentenced as follows:
(1) For a first offense,
to:
(i) undergo imprisonment of not less than 48
consecutive hours;
(ii) pay a fine of not less than $500 nor more than
$5,000;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(2) For a second offense,
to:
(i) undergo imprisonment of not less than 30
days;
(ii) pay a fine of not less than $750 nor more than
$5,000;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(3) For a third offense,
to:
(i) undergo imprisonment of not less than 90
days;
(ii) pay a fine of not less than $1,500 nor more than
$10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(4) For a fourth or subsequent offense,
to:
(i) undergo imprisonment of not less than one
year;
(ii) pay a fine of not less than $1,500 nor more than
$10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(c)
Incapacity; highest blood alcohol; controlled
substances.--An
individual who violates section 3802(a)(1) and refused testing of
blood or breath or an individual who violates section 3802(c) or (d)
shall be sentenced as
follows:
(1) For a first offense,
to:
(i) undergo imprisonment of not less than 72
consecutive hours;
(ii) pay a fine of not less than $1,000 nor more than
$5,000;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(2) For a second offense,
to:
(i) undergo imprisonment of not less than 90
days;
(ii) pay a fine of not less than
$1,500;
(iii) attend an alcohol highway safety school approved
by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(3) For a third or subsequent offense,
to:
(i) undergo imprisonment of not less than one
year;
(ii) pay a fine of not less than $2,500;
and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and
3815.
(d)
Extended supervision of court.--If
a person is sentenced pursuant to this chapter and, after the
initial assessment required by section 3814(1), the person is
determined to be in need of additional treatment pursuant to section
3814(2), the judge shall impose a minimum sentence as provided by
law and a maximum sentence equal to the statutorily available
maximum. A sentence to the statutorily available maximum imposed
pursuant to this subsection may, in the discretion of the sentencing
court, be ordered to be served in a county prison, notwithstanding
the provisions of 42 Pa.C.S. § 9762 (relating to sentencing
proceeding; place of confinement).
(e)
Suspension of operating privileges upon
conviction.--
(1) The department shall suspend the operating
privilege of an individual under paragraph (2) upon receiving a
certified record of the individual's conviction of or an
adjudication of delinquency for:
(i) an offense under section 3802;
or
(ii) an offense which is substantially similar to an
offense enumerated in section 3802 reported to the department under
Article III of the compact in section 1581 (relating to Driver's
License Compact).
(2) Suspension under paragraph (1) shall be in
accordance with the following:
(i) Except as provided for in subparagraph (iii), 12
months for an ungraded misdemeanor or misdemeanor of the second
degree under this chapter.
(ii) 18 months for a misdemeanor of the first degree
under this chapter.
(iii) There shall be no suspension for an ungraded
misdemeanor under section 3802(a) where the person is subject to the
penalties provided in subsection (a) and the person has no prior
offense.
(iv) For suspensions imposed under paragraph (1)(ii),
notwithstanding any provision of law or enforcement agreement to the
contrary, all of the following apply:
(A) Suspensions shall be in accordance with Subchapter
D of Chapter 15 (relating to the Driver's License
Compact).
(B) In calculating the term of a suspension for an
offense that is substantially similar to an offense enumerated in
section 3802, the department shall presume that if the conduct
reported had occurred in this Commonwealth then the person would
have been convicted under section
3802(a)(2).
(v) Notwithstanding any other provision of law or
enforcement agreement to the contrary, the department shall suspend
the operating privilege of a driver for six months upon receiving a
certified record of a consent decree granted under 42 Pa.C.S. Ch. 63
(relating to juvenile matters) based on section
3802.
(f)
Community service assignments.--In
addition to the penalties set forth in this section, the sentencing
judge may impose up to 150 hours of community service. Where the
individual has been ordered to drug and alcohol treatment pursuant
to sections 3814 and 3815, the community service shall be certified
by the drug and alcohol treatment program as consistent with any
drug and alcohol treatment requirements imposed under sections 3814
and 3815.
(g)
Sentencing guidelines.--The
sentencing guidelines promulgated by the Pennsylvania Commission on
Sentencing shall not supersede the mandatory penalties of this
section.
(h)
Appeal.--The
Commonwealth has the right to appeal directly to the Superior Court
any order of court which imposes a sentence for violation of this
section which does not meet the requirements of this section. The
Superior Court shall remand the case to the sentencing court for
imposition of a sentence in accordance with the provisions of this
section.
(i)
First class cities.--Notwithstanding
the provision for direct appeal to the Superior Court, if, in a city
of the first class, a person appeals from a judgment of sentence
under this section from the municipal court to the common pleas
court for a trial de novo, the Commonwealth shall have the right to
appeal directly to the Superior Court from the order of the common
pleas court if the sentence imposed is in violation of this section.
If, in a city of the first class, a person appeals to the court of
common pleas after conviction of a violation of this section in the
municipal court and thereafter withdraws his appeal to the common
pleas court, thereby reinstating the judgment of sentence of the
municipal court, the Commonwealth shall have 30 days from the date
of the withdrawal to appeal to the Superior Court if the sentence is
in violation of this section.
(j)
Additional conditions.--In
addition to any other penalty imposed under law, the court may
sentence a person who violates section 3802 to any other requirement
or condition consistent with the treatment needs of the person, the
restoration of the victim to preoffense status or the protection of
the public.
(k)
Nonapplicability.--Except
for subsection (e), this section shall not apply to dispositions
resulting from proceedings under 42 Pa.C.S. Ch. 63 (relating to
juvenile matters).
§ 3805. Ignition
interlock
Text of subsec. (a) effective until June 30,
2007.
(a)
General rule.--If
a person violates section 3802 (relating to driving under influence
of alcohol or controlled substance) and has a prior offense as
defined in section 3806(a) (relating to prior offenses) or if a
person has had their operating privileges suspended pursuant to
section 1547(b.1) (relating to chemical testing to determine amount
of alcohol or controlled substance) or 3808(c) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock) and the person seeks a restoration of operating
privileges, the department shall require as a condition of issuing a
restricted license pursuant to this section that the following
occur:
(1) Each motor vehicle owned by the person or
registered to the person has been equipped with an ignition
interlock system and remains so for the duration of the restricted
license period.
(2) If there are no motor vehicles owned by the person
or registered to the person that the person so certify to the
department. A person so certifying shall be deemed to have satisfied
the requirement that all motor vehicles owned by the person or
registered to the person be equipped with an ignition interlock
system as required by this subsection.
Text of subsec. (a) effective June 30,
2007.
(a)
General rule.--If
a person violates section 3802 (relating to driving under influence
of alcohol or controlled substance) and, within the past ten years,
has a prior offense as defined in section 3806(a) (relating to prior
offenses) or has had their operating privileges suspended pursuant
to section 1547(b.1) (relating to chemical testing to determine
amount of alcohol or controlled substance) or 3808(c) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock) and the person seeks a restoration of operating
privileges, the department shall require as a condition of issuing a
restricted license pursuant to this section that the following
occur:
(1) Each motor vehicle owned by the person or
registered to the person has been equipped with an ignition
interlock system and remains so for the duration of the restricted
license period.
(2) If there are no motor vehicles owned by the person
or registered to the person that the person so certify to the
department. A person so certifying shall be deemed to have satisfied
the requirement that all motor vehicles owned by the person or
registered to the person be equipped with an ignition interlock
system as required by this subsection.
(b)
Application for a restricted license.--A
person subject to this section shall apply to the department for an
ignition interlock restricted license under section 1951 (relating
to driver's license and learner's permit), which shall be clearly
marked to restrict the person to only driving, operating or being in
actual physical control of the movement of motor vehicles equipped
with an ignition interlock system. Upon issuance of an ignition
interlock restricted license to any person, the department shall
notify the person that until the person obtains an unrestricted
license the person may not own, register, drive, operate or be in
actual physical control of the movement of any motor vehicle which
is not equipped with an ignition interlock
system.
(c)
Issuance of unrestricted license.--One
year from the date of issuance of an ignition interlock restricted
license under this section, if otherwise eligible, a person may be
issued a replacement license under section 1951(d) that does not
contain the ignition interlock system
restriction.
(d)
Prohibition.--Except
as set forth in subsections (e) and (f), until the person obtains an
unrestricted license, the person may not own, register, drive,
operate or be in actual physical control of the movement of any
motor vehicle within this Commonwealth unless the motor vehicle is
equipped with an ignition interlock
system.
(e)
Economic hardship exemption.--A
person subject to the requirements of subsection (a) may apply to
the department for a hardship exemption to the requirement that an
ignition interlock system must be installed in each of the person's
motor vehicles. Where the department determines that the applicant
establishes that such a requirement would result in undue financial
hardship, the department may permit the applicant to install an
ignition interlock system on only one of the applicant's motor
vehicles. However, the applicant in accordance with section 3808
(relating to illegally operating a motor vehicle not equipped with
ignition interlock) shall be prohibited from driving, operating or
being in actual physical control of the movement of any motor
vehicle, including any of the applicant's motor vehicles, which is
not equipped with an ignition interlock
system.
(f)
Employment exemption.--If
a person with a restricted license is required in the course and
scope of employment to drive, operate or be in actual physical
control of the movement of a motor vehicle owned by the person's
employer, the following
apply:
(1) Except as set forth in paragraph (2), the person
may drive, operate or be in actual physical control of the movement
of that motor vehicle in the course and scope of employment without
installation of an ignition interlock system
if:
(i) the employer has been notified that the employee
is restricted; and
(ii) the employee has proof of the notification in the
employee's possession while driving, operating or being in actual
physical control of the movement of the employer's motor vehicle.
Proof of the notification may be established only by the notarized
signature of the employer acknowledging notification on a form which
shall be provided by the department for this purpose and shall
include a contact telephone number of the
employer.
(2) Paragraph (1) does not apply in any of the
following circumstances:
(i) To the extent that an employer-owned motor vehicle
is made available to the employee for personal
use.
(ii) If the employer-owned motor vehicle is owned by
an entity which is wholly or partially owned by the person subject
to this section.
(iii) If the employer-owned motor vehicle is a school
bus; a school vehicle; or a vehicle designed to transport more than
15 passengers, including the driver.
(g)
Prohibition of authorization.--This
section shall not give the department authorization to impose an
ignition interlock requirement on a person that has committed an
offense under former section 3731 prior to October 1, 2003, without
the issuance of a court order.
(h)
Department approval.--An
ignition interlock system required to be installed under this title
must be a system which has been approved by the department. The
department's approval of ignition interlock systems shall be
published in the Pennsylvania Bulletin. Systems approved for use
under former 42 Pa.C.S. § 7002(d) (relating to ignition interlock
systems for driving under the influence) and any contracts for the
installation, maintenance and inspection of the systems in effect as
of the effective date of this section shall continue to be approved
and in effect until the department again publishes approval of
ignition interlock systems in the Pennsylvania Bulletin and enters
into new contracts in support of the
systems.
(i)
Offenses committed during a period for which an ignition interlock
restricted license has been issued.--Except
as provided in sections 1547(b.1) and 3808(c) (relating to illegally
operating a motor vehicle not equipped with ignition interlock), any
driver who has been issued an ignition interlock restricted license
and as to whom the department receives a certified record of a
conviction of an offense for which the penalty is a cancellation,
disqualification, recall, suspension or revocation of operating
privileges shall have the ignition interlock restricted license
recalled, and the driver shall surrender the ignition interlock
restricted license to the department or its agents designated under
the authority of section 1540 (relating to surrender of license).
Following the completion of the cancellation, disqualification,
recall, suspension or revocation which resulted in the recall of the
ignition interlock restricted license, the department shall require
that the person complete the balance of the ignition interlock
restricted license period previously imposed prior to the issuance
of a replacement license under section 1951(d) that does not contain
an ignition interlock
restriction.
§ 3806. Prior
offenses
(a)
General rule.--Except
as set forth in subsection (b), the term "prior offense" as used in
this chapter shall mean a conviction, adjudication of delinquency,
juvenile consent decree, acceptance of Accelerated Rehabilitative
Disposition or other form of preliminary disposition before the
sentencing on the present violation for any of the
following:
(1) an offense under section 3802 (relating to driving
under influence of alcohol or controlled
substance);
(2) an offense under former section
3731;
(3) an offense substantially similar to an offense
under paragraph (1) or (2) in another jurisdiction;
or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).
(b)
Repeat offenses within ten years.--The
calculation of prior offenses for purposes of sections 1553(d.2)
(relating to occupational limited license), 3803 (relating to
grading) and 3804 (relating to penalties) shall include any
conviction, adjudication of delinquency, juvenile consent decree,
acceptance of Accelerated Rehabilitative Disposition or other form
of preliminary disposition within the ten years before the present
violation occurred for any of the
following:
(1) an offense under section
3802;
(2) an offense under former section
3731;
(3) an offense substantially similar to an offense
under paragraph (1) or (2) in another jurisdiction;
or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).
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