DUI Laws
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Pennsylvania DUI laws and Drunk Driving Information
Pennsylvania DUI Laws
o (a) OFFENSE DEFINED.-- Except as provided in subsection (b), any person who drives a motor vehicle on
any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or
cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary
offense and shall, upon conviction, be sentenced to pay a fine of $ 200.
o (b) CERTAIN OFFENSES.--
o (1) A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 ( relating to driving under influence of alcohol or controlled substance)
or the former section 3731, because of a violation of section 1547(b)(1) ( relating to suspension for refusal)
or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver's License Compact)
for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction,
be guilty of a summary offense and shall be sentenced to pay a fine of $ 500 and to undergo imprisonment for
a period of not less than 60 days nor more than 90 days.
o (1.1) (i) A person who has an amount of alcohol by weight in his blood that is equal to or greater than.02%
at the time of testing or who at the time of testing has in his blood any amount of a Schedule
o 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 and
who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person's
operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 or former section 3731 or because of a violation of section 1547(b)(1)
or 3802 or former section 3731 or is suspended under section 1581 for an offense substantially similar to a
violation of section 3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense and
shall be sentenced to pay a fine of $ 1,000 and to undergo imprisonment for a period of not less than 90 days.
o (ii) A second violation of this paragraph shall constitute a misdemeanor of the third degree, and upon
conviction thereof the person shall be sentenced to pay a fine of $ 2,500 and to undergo imprisonment for not
less than six months.
o (iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and
upon conviction thereof the person shall be sentenced to pay a fine of $ 5,000 and to undergo imprisonment for
not less than two years.
o (2) This subsection shall apply to any person against whom one of these suspensions has been imposed
whether the person is currently serving this suspension or whether the effective date of suspension has been
deferred under any of the provisions of section 1544 (relating to additional period of revocation or suspension).
This provision shall also apply until the person has had the operating privilege restored. This subsection shall also
apply to any revocation imposed pursuant to section 1542 (relating to revocation of habitual offender's license) if
any of the enumerated offenses was for a violation of section 3802 or former section 3731 or for an out- of-State
offense that is substantially similar to a violation of section 3802 or former section 3731, for which a revocation is
imposed under section 1581.
o (c) SUSPENSION OR REVOCATION OF OPERATING PRIVILEGE.-- Upon receiving a certified record of the
conviction of any person under this section, the department shall suspend or revoke that person's operating
privilege as follows:
o (1) If the department's records show that the person was under suspension, recall or cancellation on the
date of violation, and had not been restored, the department shall suspend the person's operating
privilege for an additional one-year period.
o (2) If the department's records show that the person was under revocation on the date of violation, and had
not been restored, the department shall revoke the person's operating privilege for an additional two-year period.
(d) CITATION OF APPROPRIATE SUBSECTION.-- Prior to filing a citation for a violation of this section with the
issuing authority named in the citation, the police officer shall verify the basis for the suspension with the
department. Upon receiving the verification, the officer shall cite the appropriate subsection of this section on the
citation.
75 Pa.C.S. § 1547
NOTICE: This section contains multiple versions of subsection (a) and (b)(1); (b)(2), (b.1), (c), (d), (e), and (i)
and subsection (b.1) effective 2/1/2004.
§ 1547. Chemical testing to determine amount of alcohol or controlled substance
(a) GENERAL RULE.-- Any person who drives, operates or is in actual physical control of the movement of a
vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath,
blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled
substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle:
· (1) in violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked),
3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition interlock); or
· (2) which was involved in an accident in which the operator or passenger of any vehicle involved or a
pedestrian required treatment at a medical facility or was killed.
· (b) SUSPENSION FOR REFUSAL.--
· (1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing
and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department
shall suspend the operating privilege of the person as follows:
· (i) Except as set forth in subparagraph (ii), for a period of 12 months.
· (ii) For a period of 18 months if any of the following apply:
· (A) The person's operating privileges have previously been
suspended under this subsection.
· (B) The person has, prior to the refusal under this paragraph, been sentenced for:
· (I) an offense under section 3802;
· (II) an offense under former section 3731;
· (III) an offense equivalent to an offense under subclause (I) or (II); or
· (IV) a combination of the offenses set forth in this clause.
· (2) It shall be the duty of the police officer to inform the person that:
· (i) the person's operating privilege will be suspended upon refusal to submit to chemical testing; and
· (ii) upon conviction, plea or adjudication of delinquency for violating section 3802(a), the person will be
subject to the penalties provided in section 3804(c) (relating to penalties).
· (3) Any person whose operating privilege is suspended under the provisions of this section shall have the
same right of appeal as provided for in cases of suspension for other reasons.
(B.1) OTHER SUSPENSION FOR REFUSAL.--
· (1) If any person placed under arrest for a violation of section 1543(b)(1.1) or 3808(a)(2) is requested to
submit to chemical testing and refuses to do so, the testing shall not be conducted; but, upon notice by the
police officer and provided no suspension is imposed pursuant to subsection (b), the department shall
suspend the operating privilege of the person for a period of six months.
· (2) It shall be the duty of the police officer to inform the person that the person's operating privileges will
be suspended upon refusal to submit to chemical testing.
· (3) Notwithstanding section 3805(c) (relating to ignition interlock), if any person receives a suspension
pursuant to this subsection who at the time of the offense was required to comply with the provisions of section
3805 prior to obtaining a replacement license under section 1951(d) (relating to driver's license and learner's
license) that does not contain an ignition interlock restriction, the suspension imposed pursuant to this subsection
shall result in the recall of any ignition interlock restricted license previously issued 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 licenses) and, prior to the issuance of a replacement license under section 1951(d)
that does not contain an ignition interlock restriction, the department shall require that the person comply with
the provisions of section 3805.
o (c) TEST RESULTS ADMISSIBLE IN EVIDENCE.-- In any summary proceeding or criminal proceeding in
which the defendant is charged with a violation of section 3802 or any other violation of this title arising out of
the same action, the amount of alcohol or controlled substance in the defendant's blood, as shown by chemical
testing of the person's breath, blood or urine, which tests were conducted by qualified persons using approved
equipment, shall be admissible in evidence.
o (1) Chemical tests of breath shall be performed on devices approved by the Department of Health using
procedures prescribed jointly by regulations of the Departments of Health and Transportation. Devices shall
have been calibrated and tested for accuracy within a period of time and in a manner specified by regulations
of the Departments of Health and Transportation. For purposes of breath testing, a qualified person means a
person who has fulfilled the training requirement in the use of the equipment in a training program approved
by the Departments of Health and Transportation. A certificate or log showing that a device was calibrated
and tested for accuracy and that the device was accurate shall be presumptive evidence of those facts in
every proceeding in which a violation of this title is charged.
o (2) (i) Chemical tests of blood or urine, if conducted by a facility located in this Commonwealth, shall be
performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using
procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal
laboratory. For purposes of blood and urine testing, qualified person means an individual who is authorized to
perform those chemical tests under the act of September 26, 1951 (P.L. 1539, No. 389), known as The Clinical
Laboratory Act.
o (ii) For purposes of blood and urine testing to determine blood alcohol or controlled substance content
levels, the procedures and equipment prescribed by the Department of Health shall be reviewed within 120
days of the effective date of this subparagraph and at least every two years thereafter to ensure that
consideration is given to scientific and technological advances so that testing conducted in accordance with
the prescribed procedures utilizing the prescribed equipment will be as accurate and reliable as science and
technology permit.
o (3) Chemical tests of blood or urine, if conducted by a facility located outside this Commonwealth, shall
be performed:
o (i) by a facility licensed and approved by the Department of Health
o for this purpose; or
o (ii) by a facility licensed to conduct the tests by the state in which the facility is located and licensed
pursuant to the Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).
o (4) For purposes of blood testing to determine the amount of a Schedule I or nonprescribed Schedule II or
III controlled substance or a metabolite of such a substance, the Department of Health shall prescribe minimum
levels of these substances which must be present in a person's blood in order for the test results to be
admissible in a prosecution for a violation of section 1543(b)(1.1), 3802(d)(1), (2) or
o (3) or 3808(a)(2).
o (d) Repealed by 2003, Sept. 30, P.L. 120, No. 24, § 10, effective Feb. 1, 2004.
· (e) REFUSAL ADMISSIBLE IN EVIDENCE.-- In any summary proceeding or criminal proceeding in which
the defendant is charged with a violation of section 3802 or any other violation of this title arising out of the same
action, the fact that the defendant refused to submit to chemical testing as required by subsection (a) may be
introduced in evidence along with other testimony concerning the circumstances of the refusal. No presumptions
shall arise from this evidence but it may be considered along with other factors concerning the charge.
· (f) OTHER EVIDENCE ADMISSIBLE.-- Subsections (a) through (i) shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question whether or not the defendant was
under the influence of alcohol.
· (g) TEST RESULTS AVAILABLE TO DEFENDANT.-- Upon the request of the person tested, the results of
any chemical test shall be made available to him or his attorney.
· (h) TEST BY PERSONAL PHYSICIAN.-- The person tested shall be permitted to have a physician of his own
choosing administer an additional breath, blood or urine chemical test and the results of the test shall also be
admissible in evidence. The chemical testing given at the direction of the police officer shall not be delayed by a
person's attempt to obtain an additional test.
· (i) REQUEST BY DRIVER FOR TEST.-- Any person involved in an accident or placed under arrest for a
violation of section 1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of his breath, blood or urine.
Such requests shall be honored when it is reasonably practicable to do so.
o (j) IMMUNITY FROM CIVIL LIABILITY AND REPORTS.-- No physician, nurse or technician or hospital
employing such physician, nurse or technician, and no other employer of such physician, nurse or technician
shall be civilly liable for withdrawing blood or obtaining a urine sample and reporting test results to the police at
the request of a police officer pursuant to this section. No physician, nurse or technician or hospital employing
such physician, nurse or technician may administratively refuse to perform such tests and provide the results
to the police officer except as may be reasonably expected from unusual circumstances that pertain at the time
the request is made.
(k) PREARREST BREATH TEST AUTHORIZED.-- A police officer, having reasonable suspicion to believe
a person is driving or in actual physical control of the movement of a motor vehicle while under the influence of
alcohol, may require that person prior to arrest to submit to a preliminary breath test on a device approved by
the Department of Health for this purpose. The sole purpose of this preliminary breath test is to assist the officer
in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in
addition to any other requirements of this title. No person has any right to expect or demand a preliminary breath
test. Refusal to submit to the test shall not be considered for purposes of subsections (b) and (e).
· (l) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"ADULT." A person 21 years of age or older.
"MINOR." A person under 21 years of age.
§ 1548. Requirements for driving under influence offenders
(a), (b) Deleted by 2003, Sept. 30, P.L. 120, No. 24, § 11, effective Feb. 1, 2004.
· (c) RESULTS OF EVALUATION.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) (relating to penalties) after
January 31, 2004, and before July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
o (2) Based on the results of evaluation and any additional information and evidence, the court may in
addition to any other requirements of the court or this title determine and require, as part of sentencing or
condition of parole, probation or Accelerated Rehabilitative Disposition or other preliminary disposition, that
the person successfully complete a prescribed program of individual or group intervention or supervised
inpatient or outpatient treatment or any combination of these programs or treatments for a period of up to
the statutorily available maximum. Any program of individual or group intervention or supervised inpatient or
outpatient treatment shall be of a type approved by the Department of Health or operated by a facility or
hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs.
Based on periodic reviews of the person's progress, the court may alter, modify or
o shorten or extend the duration of the requirements.
· (3) This subsection shall expire July 1, 2009.
· (d) ORDER FOR ALCOHOL OR DRUG COMMITMENT.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)( 1) after January 31, 2004, and before
July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
· (2) If after evaluation and further examination and hearing it is determined that a defendant is an alleged
chronic abuser of alcohol or controlled substances or that the person is a severely debilitated controlled
substance or alcohol abuser who represents a demonstrated and serious threat, the court may order the
person committed for treatment at a facility or institution approved by the Department of Health or operated
by a facility or hospital that is under the authority of the United States Armed Forces or the Department of
Veterans Affairs. If the defendant has been convicted of a previous violation of section 3731, the court shall
order the person committed to a drug and alcohol treatment program licensed by the Office of Drug and Alcohol
Programs of the Department of Health or operated by a facility or hospital that is under the authority of the
United States Armed Forces or the Department of Veterans Affairs:
· (i) Any person subject to this subsection may be examined by an appropriate physician of the person's
choosing and the result of the examination shall be considered by the court.
· (ii) Upon motion duly made by the committed person, an attorney or an attending physician, the court at any
time after an order of commitment may review the order. After determining the progress of treatment, the court
may order its continuation, the person's release or supervised treatment on an outpatient basis.
· (iii) Any person ordered by the court to receive treatment after a first offense, and any person required to
receive treatment after a second offense under section 3731 must demonstrate to the court that the defendant
has successfully completed treatment according to all guidelines required by the program before the person's
operating privilege may be restored.
· (3) This subsection shall expire July 1, 2009.
· (e) COSTS.--
Costs of any and all requirements applied under this section shall be in addition to any other penalty required
or allowed by law and shall be the responsibility of the person upon whom the requirements are placed. This
subsection shall expire July 1, 2009.
· (f) COURT-ORDERED INTERVENTION OR TREATMENT.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) after January 31, 2004, and before
July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
· (2) A record shall be submitted to the department as to whether the court did or did not order a
defendant to attend a program of supervised individual or group counseling treatment or supervised inpatient
or outpatient treatment. If the court orders treatment, a report shall be forwarded to the department as to
whether the defendant successfully completed the program. If a defendant fails to successfully complete a
program of treatment as ordered by the court, the suspension shall remain in effect until the department is
notified by the court that the defendant has successfully completed treatment and the defendant is otherwise
eligible for restoration of his operating privilege. In order to implement the recordkeeping requirements of this
section, the department and the court shall work together to exchange pertinent information about a defendant's
case, including attendance and completion of treatment or failure to complete treatment.
· (3) This subsection shall expire July 1, 2009.
75 Pa.C.S. § 1553 (2004)
NOTICE: This section contains multiple versions of subsection (b)(1) and (c), (d)(6), (d)(8),(d)(9),(e), and (f);
subsections (d.1), (d.2), and (d.3), effective February 1, 2004
§ 1553. Occupational limited license
· (a) ISSUANCE.--
o (1) The department shall issue an occupational limited license under the provisions of this section to a driver
whose operating privileges have been suspended and is not prohibited under any other provision in this section.
If the underlying reason for the suspension was caused by violations committed while the driver was operating
a commercial motor vehicle, the driver shall not be issued an occupational limited license for the purpose of
operating a commercial motor vehicle. The department shall prohibit the issuance of an occupational limited
license when disqualified from doing so under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of
Public Law 99-570, 49 U.S.C. App. § 2701 et seq.) or the Motor Carrier Safety Improvement Act of 1999
(Public Law 106-159, 113 Stat. 1748).
· (2) The department shall not issue an occupational limited license to drivers whose operating privileges
have been recalled, canceled or revoked.
· (b) PETITION.--
· (1) The applicant for an occupational limited license must file a petition with the department, by certified
mail, setting forth in detail the need for operating a motor vehicle. The petition shall be on a form prescribed
by the department and shall identify the specific motor vehicle or vehicles the petitioner seeks permission to
operate. The petition shall include an explanation as to why the operation of a motor vehicle is essential to
the petitioner's occupation, work, trade, treatment or study. The petition shall identify the petitioner's employer,
educational institution or treatment facility, as appropriate, and shall include proof of financial responsibility
covering all vehicles which the petitioner requests to be allowed to operate. The department shall promulgate
regulations to require additional information as well as additional evidence to verify the information contained
in the petition.
· (2) The petitioner shall surrender his driver's license in accordance with section 1540 (relating to surrender
of license). If the petitioner's driver's license has been lost or stolen, the petitioner shall submit an application
for a replacement license, along with the proper fee. If the petitioner is a nonresident licensed driver, the
petitioner shall submit an acknowledgment of suspension in lieu of a driver's license. If the petitioner's license
has expired, the petitioner shall submit an application for renewal, along with the appropriate fee. All fines,
costs and restoration fees must be paid at the time of petition.
· (3) Consistent with the provisions of this section, the department shall issue an occupational limited license
to the applicant within 20 days of receipt of the petition.
· (4) (i) A person whose operating privilege has been suspended for a conviction of section 1543 (relating to
driving while operating privilege is suspended or revoked) may not petition for an occupational limited license
unless department records show that the suspension for a conviction of section 1543 occurred only as the result
of:
o (A) a suspension for failure to respond to a citation imposed under
o the authority of section 1533 (relating to suspension of operating
privilege for failure to respond to citation) or 6146 (relating to
enforcement agreements);
· (B) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a)
(relating to school, examination or hearing on accumulation of points or excessive speeding);
· (C) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b);
or
· (D) a suspension that occurred as a result of a violation of section 1772(b) (relating to suspension for
nonpayment of judgments), 1774 (relating to payments sufficient to satisfy judgments) or 1775 (relating to
installment payment of judgments).
· (ii) The petition may not be filed until three months have been served for the suspension under section 1543(a).
· (c) FEE.-- The fee for applying for an occupational limited license shall be $ 50. This fee shall be nonrefundable
and no other fee shall be required.
o (d) UNAUTHORIZED ISSUANCE.-- The department shall prohibit issuance of an occupational limited license to:
o (1) A driver who is not licensed to drive by this or any other state.
o (2) Any person who is required by this title to take an examination and who has failed to take and pass such
an examination.
o (3) Any person who has an unsatisfied judgment against him as the result of a motor vehicle operation,
until such judgment has been satisfied under the provisions of section 1774 (relating to payments sufficient to
satisfy judgments) or an installment agreement has been entered into to satisfy the judgment as permitted
under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating to installment
payment of judgments) and the financial responsibility of such person has been established.
o (4) Any person applying for an occupational limited license to operate a commercial motor vehicle
whose commercial driver's license privilege is disqualified under the provisions of section 1611 (relating to
disqualification).
o (5) Any person who, at the time he applies for an occupational limited
license, has previously been granted such a privilege within the period
of five years next preceding such application.
o (6) Any person who has been adjudicated delinquent, granted a consent decree or granted Accelerated
Rehabilitative Disposition for driving under the influence of alcohol or controlled substance unless the suspension
or revocation imposed for that conviction has been fully served.
o (7) Any person whose operating privilege has been suspended for refusal to submit to chemical testing to
determine the amount of alcohol or controlled substance unless that suspension has been fully served.
o (8) Except as set forth in subsections (d.1) and (d.2), any person who has been convicted of driving
under the influence of alcohol or controlled substance and whose license has been suspended by the department
unless the suspension imposed has been fully served.
o (9) Except as set forth in subsection (d.3), any person whose operating privilege has been suspended for a
violation of 8 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt
or brewed beverages) unless the suspension imposed has been fully served.
o (10) Any person whose operating privilege has been suspended pursuant to either section 13(m) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or section 1532
c) (relating to suspension of operating privilege) unless the suspension imposed has been fully served.
o (11) Any person whose operating privilege has been suspended or revoked as the result of a conviction of
or as a result of a court order in conjunction with an adjudication of delinquency or the granting of a consent
decree for any offense under the following provisions, unless the suspension or revocation has been fully
served:
Section 3345(a) (relating to meeting or overtaking school bus).
Section 3367 (relating to racing on highways).
Any violation of Ch. 37 Subch. B (relating to serious traffic
offenses) or C (relating to accidents and accident reports).
· (12) Any person whose operating privilege is currently suspended for failure to respond to a citation pursuant
to section 1533 or 6146.
· (13) Any person whose operating privilege is currently suspended pursuant to section 1784 (relating to proof
of financial responsibility following violation), 1785 (relating to proof of financial responsibility following accident)
or 1786 (relating to required financial responsibility).
· (14) Any person whose operating privilege is currently suspended for failure to attend and satisfactorily
complete a driver improvement course or failure to attend a hearing required under section 1538.
· (15) Any person whose operating privilege has been suspended for a conviction of section 1543 unless
department records show that the suspension for a conviction of section 1543 occurred only as a result
of:
· (i) a suspension for failure to respond to a citation imposed under the authority of section 1533 or 6146;
· (ii) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a)
; or
(iii) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b).
· (16) Any person whose operating privilege has been suspended under an interjurisdictional agreement as
provided for in section 6146 as the result of a conviction or adjudication if the conviction or adjudication for
an equivalent offense in this Commonwealth would have prohibited the issuance of an occupational limited license.
· (17) Any person whose operating privilege has been suspended as the result of a conviction of a violation
of section 7102(b) (relating to removal or falsification of identification number), 7103(b) (relating to dealing in
vehicles with removed or falsified numbers), 7111 (relating to dealing in titles and plates for stolen vehicles),
7121 (relating to false application for certificate of title or registration) or 7122 (relating to altered, forged or
counterfeit documents and plates) unless the suspension has been fully served.
· (18) Any person whose operating privilege has been suspended under section 1532 (a.1) for conviction or
adjudication of delinquency based on a violation of section 3732 (relating to homicide by vehicle) or 3735
(relating to homicide by vehicle while driving under influence).
(D.1) ADJUDICATION ELIGIBILITY.--
An individual who has been convicted of an offense under section 3802
(relating to driving under influence of alcohol or controlled substance) and does not have a prior offense as
defined in section 3806(a) (relating to prior offenses) shall be eligible for an occupational limited license only
if the individual has served 60 days of the suspension imposed for the offense.
(D.2) SUSPENSION ELIGIBILITY.--
(1) An individual whose license has been suspended for a period of 18 months under section 1547(b)(1)(ii)
(relating to chemical testing to determine amount of alcohol or controlled substance) or 3804(e)(2)(ii)
(relating to penalties) shall not be prohibited from obtaining an occupational limited license under this section
if the individual:
· (i) is otherwise eligible for restoration;
· (ii) has served 12 months of the suspension imposed for the offense;
· (iii) has no more than one prior offense as defined in section 3806(b);
· (iv) only operates a motor vehicle equipped with an ignition interlock system as defined in section 3801
(relating to definitions); and
· (v) has certified to the department under paragraph (3).
· (2) A period of ignition interlock accepted under this subsection shall not count towards the one-year
mandatory period of ignition interlock imposed under section 3805 (relating to ignition interlock).
· (3) If an individual seeks an occupational limited license under this subsection, the department shall require
that each motor vehicle owned or registered to the person has been equipped with an ignition interlock system
as defined in section 3801 as a condition of issuing an occupational limited license with an ignition interlock
restriction.
(D.3) SUSPENSION ELIGIBILITY RELATED TO TITLE 18 VIOLATION.--
An individual whose operating privilege has been suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible
for an occupational limited license unless the individual has previously violated 18 Pa.C.S. § 6308 -
· (e) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN OCCUPATIONAL LIMITED LICENSE
HAS BEEN ISSUED.--
Any driver who has been issued an occupational limited license and as to whom the department receives a report
of conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation
of operating privileges or a report under section 3815(c)(4) (relating to mandatory sentencing) shall have the
occupational limited license recalled, and the driver shall surrender the limited license to the department or its
agents designated under the authority of section 1540.
o (f) RESTRICTIONS.--
A driver who has been issued an occupational limited license shall observe the following:
o (1) The driver shall operate a designated vehicle only:
o (i) Between the driver's place of residence and place of employment or study and as necessary in the
course of employment or conducting a business or pursuing a course of study where the operation of a
motor vehicle is a requirement of employment or of conducting a business or of pursuing a course of study.
o (ii) To and from a place for scheduled or emergency medical examination or treatment. This subparagraph
includes treatment required under Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
o (2) A driver who has been issued an occupational limited license shall not operate a school bus.
o (3) Any person who violates the conditions of issuance or restrictions of the occupational limited license
commits a summary offense and shall, upon conviction, pay a fine of $ 200 and, upon receipt of a certified
record of conviction, the department shall recall the limited license.
o (4) The operating privilege of a driver who has been issued an occupational limited license remains under
suspension or revocation except when operating a motor vehicle in accordance with the conditions of issuance
or restrictions of the occupational limited license.
o (5) A driver who has been issued an occupational limited license shall possess a completed occupational
limited license affidavit on a form prescribed by the department at all times when operating a motor vehicle.
The driver shall exhibit the completed form upon demand by a police officer. The affidavit shall indicate that
the driver is operating the motor vehicle at a time and between places in accordance with the restrictions of
paragraph (1). An occupational limited license affidavit shall contain information required by regulations which
shall be promulgated by the department. The driver is not required to possess a completed occupational
limited license affidavit when operating a motor vehicle to a location for emergency medical treatment.
· (g) CHANGES IN CONDITION.--
A driver who is granted an occupational limited license shall immediately inform
the department in writing of any change in the conditions under which that driver applied for the occupational
limited license. Upon failure to give prompt notice of any changes or if the conditions for the limited license no
longer exist, the department shall recall the occupational limited license.
· (h) APPEAL FROM DENIAL OR RECALL OF OCCUPATIONAL LIMITED LICENSE.--
Any driver who is denied an occupational limited license or whose occupational limited license is recalled
may file with the department a petition for a hearing. The hearing shall be conducted in accordance with
Title 2 (relating to administrative law and procedure). The department may charge a reasonable fee based
on the cost to the department for conducting such a hearing. The appeal shall not operate as an automatic
supersedeas. If an administrative hearing officer orders a supersedeas in any appeal, the petitioner shall earn
no credit towards serving the suspension for which the petitioner was granted an occupational limited license.
An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government agencies). Appeals under this subchapter are
exempt from the provisions of section 1550(b) (relating to judicial review) and from the provisions of 42
Pa.C.S. § 933 (relating to appeals from government agencies).
75 Pa.C.S. § 3732
NOTICE: This section contains multiple versions of subsection (a)
75 Pa.C.S. § 3735
NOTICE: This section contains multiple versions of subsection (a)
§ 3735. Homicide by vehicle while driving under influence
· (a) OFFENSE DEFINED.-- Any person who unintentionally causes the death of another person as the
result of a violation of section 3802 ( relating to driving under influence of alcohol or controlled substance)
and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation
is the cause of death and the sentencing court shall order the person to serve a minimum term of
imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed
for each victim whose death is the result of the violation of section 3802.
· (b) APPLICABILITY OF SENTENCING GUIDELINES.-- The sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section.
NOTICE: This section contains multiple versions of subsection (a)
§ 3735.1. Aggravated assault by vehicle while driving under the influence
· (a) OFFENSE DEFINED.-- Any person who negligently causes serious bodily injury to another person
as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled
substance) and who is convicted of violating section 3802 commits a felony of the second degree when the
violation is the cause of the injury.
· (b) DEFINITION.-- As used in this section, the term "SERIOUS BODILY INJURY" means any bodily injury
which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
§ 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.
o (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:
o (1) There is in the individual's blood any amount of a:
o (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;
o (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
o (iii) metabolite of a substance under subparagraph (i) or (ii).
o (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.
o (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
o 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.
o (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:
o (1) After the individual has imbibed a sufficient amount of alcohol
such that the alcohol concentration in the individual's blood or breath
is:
o (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.
o (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.
o (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.
o (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).
o (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.
o (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:
o (1) where the Commonwealth shows good cause explaining why the chemical
test could not be performed within two hours; and
o (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.--
· (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(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(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(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(c) or (d) and who has one or more prior offenses commits
a misdemeanor of the first degree.
§ 3804. Penalties
o (a) GENERAL IMPAIRMENT.--
An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance)
shall be sentenced as follows:
o (1) For a first offense, to:
o (i) undergo a period of probation not to exceed six months;
o (ii) pay a fine of $ 300;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (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).
o (2) For a second offense, to:
o (i) undergo imprisonment for not less than five days nor more than six months;
o (ii) pay a fine of not less than $ 300 nor more than $ 2,500;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (3) For a third or subsequent offense, to:
o (i) undergo imprisonment of not less than ten days nor more than two years;
o (ii) pay a fine of not less than $ 500 nor more than $ 5,000; and
o (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 nor more than six months;
· (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 nor more than six months;
· (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 nor more than five years;
· (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 nor more than five years;
· (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.
o (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:
o (1) For a first offense, to:
o (i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;
o (ii) pay a fine of not less than $ 1,000 nor more than $ 5,000;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (2) For a second offense, to:
o (i) undergo imprisonment of not less than 90 days nor more than five years;
o (ii) pay a fine of not less than $ 1,500;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (3) For a third or subsequent offense, to:
o (i) undergo imprisonment of not less than one year nor more than five years;
o (ii) pay a fine of not less than $ 2,500; and
o (iii) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (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).
o (e) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
o (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:
o (i) an offense under section 3802; or
o (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).
o (2) Suspension under paragraph (1) shall be in accordance with the following:
o (i) Except as provided for in subparagraph (iii), 12 months for an
ungraded misdemeanor or misdemeanor of the second degree under this chapter.
o (ii) 18 months for a misdemeanor of the first degree under this chapter.
o (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.
o (iv) For suspensions imposed under paragraph (1)(ii), notwithstanding
any provision of law or enforcement agreement to the contrary, all of
the following apply:
o (A) Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver's License
Compact).
o (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).
o (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.
o (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.
o (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.
o § 3805. Ignition interlock
o (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:
o (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.
o (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.
o (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.
o (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.
o (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:
o (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:
o (i) the employer has been notified that the employee is restricted;
and
o (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.
§ 3807. Accelerated Rehabilitative Disposition
· (a) ELIGIBILITY.--
o (1) Except as set forth in paragraph (2), a defendant charged with a
o violation of section 3802 (relating to driving under influence of alcohol or controlled substance) may
be considered by the attorney for the Commonwealth for participation in an Accelerated Rehabilitative
Disposition program in a county if the program includes the minimum requirements contained in this section.
· (2) The attorney for the Commonwealth shall not submit a charge brought under this chapter for Accelerated
Rehabilitative Disposition if any of the following apply:
· (i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge
brought under section 3802 within ten years of the date of the current offense unless the charge was for an
ungraded misdemeanor under section 3802(a)(2) and was the defendant's first offense under section 3802.
· (ii) An accident occurred in connection with the events surrounding the current offense and an individual
other than the defendant was killed or suffered serious bodily injury as a result of the accident.
· (iii) There was a passenger under 14 years of age in the motor vehicle the defendant was operating.
· (b) EVALUATION AND TREATMENT.--
· (1) A defendant offered Accelerated Rehabilitative Disposition for a violation of section 3802 is, as a
condition of participation in the program, subject to the following requirements in addition to any other
conditions of participation imposed by the court:
· (i) The defendant must attend and successfully complete an alcohol highway safety school established
under section 1549 (relating to establishment of schools). A participating defendant shall be given both oral
and written notice of the provisions of section 1543(b) (relating to driving while operating privilege is suspended
or revoked).
· (ii) Prior to receiving Accelerated Rehabilitative Disposition or other preliminary disposition, the defendant
must be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) to
determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in
determining what conditions of Accelerated Rehabilitative Disposition would benefit the defendant and the public.
If the evaluation indicates there is a need for counseling or treatment, the defendant shall be subject to a full
assessment for alcohol and drug addiction in accordance with the provisions of section 3814(3) and (4) (relating
to drug and alcohol assessments).
(iii) If the defendant is assessed under subparagraph (ii) to be in need of treatment, the defendant must
participate and cooperate with a licensed alcohol or drug addiction treatment program. The level and duration
of treatment shall be in accordance with the recommendations of the full assessment. Nothing in this
subparagraph shall prevent a treatment program from refusing to accept a defendant if the program
administrator deems the defendant to be inappropriate for admission to the program. A treatment program
shall retain the right to immediately discharge into the custody of the probation officer an offender who fails
to comply with program rules and treatment expectations or refuses to constructively engage in the treatment
process.
· (iv) The defendant must remain subject to court supervision for six
months.
· (v) The defendant must make restitution to any person that incurred determinable financial loss as a result
of the defendant's actions which resulted in the offense. Restitution must be subject to court supervision.
· (vi) The defendant must pay the reasonable costs of a municipal corporation in connection with the offense.
Fees imposed under this subparagraph shall be distributed to the affected municipal corporation.
(vii) The defendant must pay any other fee, surcharge or cost required by law. Except as set forth in
subparagraph
(vi) or (viii), a fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative
Disposition or any other preliminary disposition of any charge under this chapter shall be distributed as provided
for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal
corporation portion of fines, etc.).
(viii) The defendant must pay the costs of compliance with subparagraphs (i), (ii) and (iii).
· (2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following
apply:
· (i) The evaluation under paragraph (1)(ii) indicates a likelihood that the defendant is addicted to alcohol or
other drugs.
· (ii) The defendant's blood alcohol content at the time of the offense was at least 0.16%.
· (3) The assessment under paragraph (2) shall be conducted by one of the following:
· (i) The Department of Health or its designee.
· (ii) The county agency with responsibility for county drug and alcohol programs or its designee.
· (iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and
alcohol addiction treatment programs.
· (4) The assessment under paragraph (2) shall consider issues of public safety and shall include
recommendations for all of the following:
· (i) Length of stay.
· (ii) Levels of care.
· (iii) Follow-up care and monitoring.
· (c) INSURANCE.--
· (1) This subsection shall only apply to a health insurance, health maintenance organization or other
health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No.
284) , known as The Insurance Company Law of 1921.
· (2) If an individual who is insured by a health insurance, a health maintenance organization or other health
plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug
abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or
other drug problem which occurs as a result of an assessment under this section.
(d) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.-- As a condition of participation in an
Accelerated Rehabilitative Disposition program, the court shall order the defendant's license suspended as
follows:
· (1) There shall be no license suspension if the defendant's blood alcohol concentration at the time of testing
was less than 0.10%.
· (2) For 30 days if the defendant's blood alcohol concentration at the time of testing was at least 0.10% but
less than 0.16%.
· (3) For 60 days if:
· (i) the defendant's blood alcohol concentration at the time of
testing was 0.16% or higher;
· (ii) the defendant's blood alcohol concentration is not known; or
· (iii) an accident which resulted in bodily injury or in damage to a vehicle or other property occurred in
connection with the events surrounding the current offense.
· (e) FAILURE TO COMPLY.--
· (1) A defendant who fails to complete any of the conditions of participation contained in this section shall
be deemed to have unsuccessfully participated in an Accelerated Rehabilitative Disposition program, and the
criminal record underlying participation in the program shall not be expunged.
· (2) The court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in the
Rules of Criminal Procedure if the defendant:
· (i) fails to meet any of the requirements of this section;
· (ii) is charged with or commits an offense under 18 Pa.C.S. (relating to crimes and offenses); or
· (iii) violates any other condition imposed by the court.
§ 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 section 1553(d.2) (relating to occupational
limited license) or 3805 (relating to ignition interlock) 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 summary
offense 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.
· (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) 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 .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.
o (b) TAMPERING WITH AN IGNITION INTERLOCK SYSTEM.-- A person that tampers with an ignition
interlock system required by law commits a misdemeanor of the third degree 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. 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 by passing an ignition interlock system by:
o (1) means of using another individual to provide a breath sample; or
o (2) providing a breath sample for the purpose of bypassing an ignition
interlock system required by law.
o (c) SUSPENSION OF OPERATING PRIVILEGE.-- Notwithstanding section 3805(c) and (i):
o (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.
o (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 or its agents designated under the authority of section 1540 (relating to surrender
of license). 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. § 3809. Restriction on
alcoholic beverages
· (a) GENERAL RULE.--
Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may
not be in possession of an open alcoholic beverage container or consume a 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 an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this
Commonwealth.
o (b) EXCEPTION.-- This section does not prohibit possession or consumption by any of the following:
o (1) A passenger in the passenger area of a motor vehicle designed,
maintained or used primarily for the lawful transportation of persons
for compensation. This paragraph includes buses, taxis and limousines.
o (2) An individual in the living quarters of a house coach or house trailer.
o (c) PENALTY.-- An individual who violates this section commits a summary offense.
§ 3811. Certain arrests authorized
· (a) WARRANT NOT REQUIRED.--
In addition to any other powers of arrest, a police officer is authorized to arrest an individual without a
warrant if the officer has probable cause to believe that the individual has violated section 1543(b)(1.1)
(relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence
of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with
ignition interlock), regardless of whether the alleged violation was committed in the presence of the police officer.
· (b) TERRITORY.-- The authority under subsection (a) extends to any hospital or other medical treatment
facility located beyond the territorial limits of the police officer's political subdivision at which an individual to
be arrested is found or was taken or removed for purposes of emergency treatment, examination or evaluation
as long as there is probable cause to believe that the violation of section 1543(b)(1.1), 3802 or 3808(a)(2)
occurred within the police officer's political subdivision.
§ 3813. Work release
In any case in which an individual is sentenced to a period of imprisonment as a result of a conviction for
violating a provision of this chapter, the judicial officer imposing the sentence shall consider assigning that
individual to a daytime work release program. Any work release program permitted under this section shall
be certified by the Drug and Alcohol Treatment program administration as being consistent with any drug
and alcohol treatment requirements imposed under section 3814 (relating to drug and alcohol assessments).
§ 3814. Drug and alcohol assessments
If a defendant is convicted or pleads guilty or no contest to a violation of section 3802 (relating to driving
under the influence of alcohol or controlled substance), the following apply prior to sentencing:
· (1) The defendant shall be evaluated under section 3816(a) (relating to requirements for driving under
influence offenders) and any other additional evaluation techniques deemed appropriate by the court to
determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in
determining what type of sentence would benefit the defendant and the public.
· (2) The defendant shall be subject to a full assessment for alcohol and
drug addiction if any of the following subparagraphs apply:
· (i) The defendant, within ten years prior to the offense for which sentence is being imposed, has been
sentenced for an offense under:
· (A) section 3802;
· (B) former section 3731; or
· (C) an equivalent offense in another jurisdiction.
· (ii) Either:
· (A) the evaluation under paragraph (1) indicates there is a need
for counseling or treatment; or
· (B) the defendant's blood alcohol content at the time of the offense was at least .16%.
· (3) The assessment under paragraph (2) shall be conducted by one of the following:
· (i) The Department of Health or its designee.
· (ii) The county agency with responsibility for county drug and alcohol programs or its designee.
· (iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and
alcohol addiction treatment programs.
· (4) The assessment under paragraph (2) shall consider issues of public
safety and shall include recommendations for all of the following:
· (i) Length of stay.
· (ii) Levels of care.
· (iii) Follow-up care and monitoring.
§ 3815. Mandatory sentencing
(a) COUNTY SUPERVISION.--
Notwithstanding the length of any maximum term of imprisonment imposed pursuant to sections 3803
(relating to grading) and 3804 (relating to penalties), and notwithstanding the provisions of section 17 of the
act of August 6, 1941 (P.L. 861, No. 323) , referred to as the Pennsylvania Board of Probation and Parole Law,
the sentencing judge may grant parole under the supervision of the county parole system to any offender
serving a sentence for a violation of section 3802 (relating to driving under influence of alcohol or controlled
substance) and, if applicable, serving any concurrent sentence of imprisonment for any misdemeanor offense
arising from the same criminal episode as the violation of section 3802. The power of the sentencing judge
to grant parole shall apply only to those offenders whose sentences are being served in a county prison
pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) or section 3804(d).
· (b) PAROLE.--
· (1) An offender who is determined pursuant to section 3814 (relating to drug and alcohol assessments)
to be in need of drug and alcohol treatment shall be eligible for parole in accordance with the terms and
conditions prescribed in this section following the expiration of the offender's mandatory minimum term of
imprisonment.
· (2) The following shall be conditions of parole:
· (i) If the offender is not determined under the procedures set forth in section 3814 to be addicted to alcohol
or another substance, the offender must refrain from:
· (A) the use of illegal controlled substances; and
· (B) the abuse of prescription drugs, over-the-counter drugs or any
other substances.
· (ii) If the offender is determined under the procedures set forth in section 3814 to be addicted to alcohol or
another substance, the offender must do all of the following:
· (A) Refrain from:
· (I) the use of alcohol or illegal controlled substances; and
· (II) the abuse of prescription drugs, over-the-counter drugs or
any other substances.
· (B) Participate in and cooperate with drug and alcohol addiction
treatment under subsection (c).
· (c) TREATMENT.--
· (1) Treatment must conform to assessment recommendations made under section 3814.
· (2) Treatment must be conducted by a drug and alcohol addiction treatment program licensed by the
Department of Health.
· (3) The treatment program shall report periodically to the assigned parole officer on the offender's progress
in the treatment program. The treatment program shall promptly notify the parole officer if the offender:
· (i) fails to comply with program rules and treatment expectations;
· (ii) refuses to constructively engage in the treatment process; or
· (iii) without authorization terminates participation in the treatment
program.
· (4) Upon notification under paragraph (3), the parole officer shall report the offender's actions to the parole
authority and to the department for compliance with section 1553(e) (relating to occupational limited license).
The parole authority shall schedule a revocation hearing to consider recommendations of the parole officer and
the treatment program.
· (5) Nothing in this subsection shall prevent a treatment program from refusing to accept an offender if the
program administrator deems the offender to be inappropriate for admission to the program. A treatment
program shall retain the right to immediately discharge into the custody of the assigned parole officer an offender
who fails to comply with program rules and treatment expectations or refuses to constructively engage in the
treatment process.
· (d) ENFORCEMENT.--
· (1) This subsection applies to an offender ordered to participate in a treatment program under subsection
(b)(2)(ii) who:
· (i) fails to comply with program rules and treatment expectations;
· (ii) refuses to constructively engage in the treatment process; or
· (iii) terminates participation in the treatment program without authorization.
· (2) Notwithstanding any other provision of law, all of the following apply to an offender under paragraph
(1):
· (i) The offender's parole, prerelease, work release or any other release status shall be revoked.
· (ii) The offender shall be ineligible for parole, prerelease, work release or any other release from the
correctional facility prior to the expiration of the offender's maximum term unless the offender is permitted to
be readmitted to a treatment program.
· (3) Nothing in this subsection shall be construed to grant a legal right to parole to an offender previously
ineligible for parole, on the grounds that the offender is currently prepared to participate in, comply with and
constructively engage in the treatment process. Under such circumstances, parole or reparole of the offender
shall be at the parole authority's discretion.
o (e) FOLLOW-UP.-- After an offender has completed the treatment program under subsection (c), the
parole officer shall take reasonable steps to ensure that the offender does not abuse alcohol, use illegal
controlled substances or abuse prescription drugs, over-the-counter drugs or any other such substances.
These reasonable steps include requiring chemical testing and periodic reassessment of the offender by the
treatment program.
o (f) FEES.--
o (1) Except as set forth in paragraph (2), the parole authority shall
impose upon an offender subject to this section reasonable fees to
cover the cost of any of the following:
o (i) Chemical testing of the offender required under this section.
o (ii) An assessment of the offender required under this section.
o (iii) Drug or alcohol treatment provided in accordance with the
assessment.
o (2) If the parole authority finds the offender to be unable to pay the full amount of the fees required by
paragraph (1) and section 1541(d) (relating to period of disqualification, revocation or suspension of operating
privilege), it shall require the offender to pay as much of the fee as is consistent with the offender's ability to
pay and shall direct the assigned parole officer to establish a reasonable payment schedule for the offender to
pay as much of the remaining fees as is consistent with the offender's ability to pay.
o (g) INSURANCE.--
o (1) This subsection shall only apply to a health insurance, health
o maintenance organization or other health plan required to provide
benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No.
284), known as The Insurance Company Law of 1921.
o (2) If an individual who is insured by a health insurance, a health maintenance organization or other health
plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug
abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or
other drug problem which occurs as a result of an assessment under this section.
o (h) ADDITIONAL FUNDING.-- In order to support and augment the diagnostic assessment and treatment
services provided under this section, the Department of Health, the department and the Pennsylvania
Commission on Crime and Delinquency shall seek all available Federal funding, including funds available through
the United States National Highway Traffic Safety Administration and the Department of Health and Human
Services.
o § 3816. Requirements for driving under influence offenders
· (a) EVALUATION USING COURT REPORTING NETWORK.-- In addition to any other requirements of the
court, every person convicted of a violation of section 3802 (relating to driving under influence of alcohol or
controlled substance) and every person offered Accelerated Rehabilitative Disposition as a result of a charge of
a violation of section 3802 shall, prior to sentencing or receiving Accelerated Rehabilitative Disposition or other
preliminary disposition, be evaluated using Court Reporting Network instruments issued by the department and
any other additional evaluation techniques deemed appropriate by the court to determine the extent of the
person's involvement with alcohol or controlled substances and to assist the court in determining what
sentencing, probation or conditions of Accelerated Rehabilitative Disposition would benefit the person or the
public.
· (b) COURT-ORDERED INTERVENTION OR TREATMENT.--
A record shall be submitted to the department as to whether the court did or did not order a defendant to attend
drug and alcohol treatment pursuant to the requirements of sections 3804 (relating to penalties), 3814 (relating
to drug and alcohol assessments) and 3815 (relating to mandatory sentencing). If the court orders treatment,
a report shall be forwarded to the department as to whether the defendant successfully completed the program.
If a defendant fails to successfully complete a program of treatment as ordered by the court, the suspension shall
remain in effect until the department is notified by the court that the defendant has successfully completed
treatment and the defendant is otherwise eligible for restoration of his operating privilege. In order to implement
the recordkeeping requirements of this section, the department and the court shall work together to exchange
pertinent information about a defendant's case, including attendance and completion of treatment or failure to
complete treatment.
or by calling 1-800-852-8005.
 |
Find a Pennsylvania DUI Attorney |
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Pennsylvania DUI laws and Drunk Driving Information
Since Pennsylvania has recently rewritten many of it's DUI laws it is very important to know what will happen to you if you are arrested for DUI in Pennsylvania. If you are arrested for DUI in Pennsylvania you will be asked to submit to a blood or breath test. Because Pennsylvania is an Implied Consent state you agree to this just by having a Pennsylvania driver's license. If you fail this test by a result of .08 or above or you refuse to take the test your license will be suspended. Refusal of the test will result in mandatory suspension of your Pennsylvania driver's license for at least one year and you will have to spend 3 days in jail. You have 30 days to appeal the license suspension in an administrative proceeding.
A Pennsylvania DUI arrest will also result in a criminal
proceeding. Pennsylvania's DUI penalties are decided using the
blood alcohol concentration or BAC of the driver and the number of
times the driver has committed DUI. The penalties range from 6
months probation to 5 years in jail. You will also be charged
court costs and be required to pay fines. These fines range in
amounts from $300.00 to $10,000.00. A Pennsylvania DUI can
be very costly and requires the expertise of a qualified Pennsylvania
DUI defense lawyer.
Pennsylvania DUI Laws
o (a) OFFENSE DEFINED.-- Except as provided in subsection (b), any person who drives a motor vehicle on
any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or
cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary
offense and shall, upon conviction, be sentenced to pay a fine of $ 200.
o (b) CERTAIN OFFENSES.--
o (1) A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 ( relating to driving under influence of alcohol or controlled substance)
or the former section 3731, because of a violation of section 1547(b)(1) ( relating to suspension for refusal)
or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver's License Compact)
for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction,
be guilty of a summary offense and shall be sentenced to pay a fine of $ 500 and to undergo imprisonment for
a period of not less than 60 days nor more than 90 days.
o (1.1) (i) A person who has an amount of alcohol by weight in his blood that is equal to or greater than.02%
at the time of testing or who at the time of testing has in his blood any amount of a Schedule
o 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 and
who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person's
operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 or former section 3731 or because of a violation of section 1547(b)(1)
or 3802 or former section 3731 or is suspended under section 1581 for an offense substantially similar to a
violation of section 3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense and
shall be sentenced to pay a fine of $ 1,000 and to undergo imprisonment for a period of not less than 90 days.
o (ii) A second violation of this paragraph shall constitute a misdemeanor of the third degree, and upon
conviction thereof the person shall be sentenced to pay a fine of $ 2,500 and to undergo imprisonment for not
less than six months.
o (iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and
upon conviction thereof the person shall be sentenced to pay a fine of $ 5,000 and to undergo imprisonment for
not less than two years.
o (2) This subsection shall apply to any person against whom one of these suspensions has been imposed
whether the person is currently serving this suspension or whether the effective date of suspension has been
deferred under any of the provisions of section 1544 (relating to additional period of revocation or suspension).
This provision shall also apply until the person has had the operating privilege restored. This subsection shall also
apply to any revocation imposed pursuant to section 1542 (relating to revocation of habitual offender's license) if
any of the enumerated offenses was for a violation of section 3802 or former section 3731 or for an out- of-State
offense that is substantially similar to a violation of section 3802 or former section 3731, for which a revocation is
imposed under section 1581.
o (c) SUSPENSION OR REVOCATION OF OPERATING PRIVILEGE.-- Upon receiving a certified record of the
conviction of any person under this section, the department shall suspend or revoke that person's operating
privilege as follows:
o (1) If the department's records show that the person was under suspension, recall or cancellation on the
date of violation, and had not been restored, the department shall suspend the person's operating
privilege for an additional one-year period.
o (2) If the department's records show that the person was under revocation on the date of violation, and had
not been restored, the department shall revoke the person's operating privilege for an additional two-year period.
(d) CITATION OF APPROPRIATE SUBSECTION.-- Prior to filing a citation for a violation of this section with the
issuing authority named in the citation, the police officer shall verify the basis for the suspension with the
department. Upon receiving the verification, the officer shall cite the appropriate subsection of this section on the
citation.
75 Pa.C.S. § 1547
NOTICE: This section contains multiple versions of subsection (a) and (b)(1); (b)(2), (b.1), (c), (d), (e), and (i)
and subsection (b.1) effective 2/1/2004.
§ 1547. Chemical testing to determine amount of alcohol or controlled substance
(a) GENERAL RULE.-- Any person who drives, operates or is in actual physical control of the movement of a
vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath,
blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled
substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle:
· (1) in violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked),
3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition interlock); or
· (2) which was involved in an accident in which the operator or passenger of any vehicle involved or a
pedestrian required treatment at a medical facility or was killed.
· (b) SUSPENSION FOR REFUSAL.--
· (1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing
and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department
shall suspend the operating privilege of the person as follows:
· (i) Except as set forth in subparagraph (ii), for a period of 12 months.
· (ii) For a period of 18 months if any of the following apply:
· (A) The person's operating privileges have previously been
suspended under this subsection.
· (B) The person has, prior to the refusal under this paragraph, been sentenced for:
· (I) an offense under section 3802;
· (II) an offense under former section 3731;
· (III) an offense equivalent to an offense under subclause (I) or (II); or
· (IV) a combination of the offenses set forth in this clause.
· (2) It shall be the duty of the police officer to inform the person that:
· (i) the person's operating privilege will be suspended upon refusal to submit to chemical testing; and
· (ii) upon conviction, plea or adjudication of delinquency for violating section 3802(a), the person will be
subject to the penalties provided in section 3804(c) (relating to penalties).
· (3) Any person whose operating privilege is suspended under the provisions of this section shall have the
same right of appeal as provided for in cases of suspension for other reasons.
(B.1) OTHER SUSPENSION FOR REFUSAL.--
· (1) If any person placed under arrest for a violation of section 1543(b)(1.1) or 3808(a)(2) is requested to
submit to chemical testing and refuses to do so, the testing shall not be conducted; but, upon notice by the
police officer and provided no suspension is imposed pursuant to subsection (b), the department shall
suspend the operating privilege of the person for a period of six months.
· (2) It shall be the duty of the police officer to inform the person that the person's operating privileges will
be suspended upon refusal to submit to chemical testing.
· (3) Notwithstanding section 3805(c) (relating to ignition interlock), if any person receives a suspension
pursuant to this subsection who at the time of the offense was required to comply with the provisions of section
3805 prior to obtaining a replacement license under section 1951(d) (relating to driver's license and learner's
license) that does not contain an ignition interlock restriction, the suspension imposed pursuant to this subsection
shall result in the recall of any ignition interlock restricted license previously issued 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 licenses) and, prior to the issuance of a replacement license under section 1951(d)
that does not contain an ignition interlock restriction, the department shall require that the person comply with
the provisions of section 3805.
o (c) TEST RESULTS ADMISSIBLE IN EVIDENCE.-- In any summary proceeding or criminal proceeding in
which the defendant is charged with a violation of section 3802 or any other violation of this title arising out of
the same action, the amount of alcohol or controlled substance in the defendant's blood, as shown by chemical
testing of the person's breath, blood or urine, which tests were conducted by qualified persons using approved
equipment, shall be admissible in evidence.
o (1) Chemical tests of breath shall be performed on devices approved by the Department of Health using
procedures prescribed jointly by regulations of the Departments of Health and Transportation. Devices shall
have been calibrated and tested for accuracy within a period of time and in a manner specified by regulations
of the Departments of Health and Transportation. For purposes of breath testing, a qualified person means a
person who has fulfilled the training requirement in the use of the equipment in a training program approved
by the Departments of Health and Transportation. A certificate or log showing that a device was calibrated
and tested for accuracy and that the device was accurate shall be presumptive evidence of those facts in
every proceeding in which a violation of this title is charged.
o (2) (i) Chemical tests of blood or urine, if conducted by a facility located in this Commonwealth, shall be
performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using
procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal
laboratory. For purposes of blood and urine testing, qualified person means an individual who is authorized to
perform those chemical tests under the act of September 26, 1951 (P.L. 1539, No. 389), known as The Clinical
Laboratory Act.
o (ii) For purposes of blood and urine testing to determine blood alcohol or controlled substance content
levels, the procedures and equipment prescribed by the Department of Health shall be reviewed within 120
days of the effective date of this subparagraph and at least every two years thereafter to ensure that
consideration is given to scientific and technological advances so that testing conducted in accordance with
the prescribed procedures utilizing the prescribed equipment will be as accurate and reliable as science and
technology permit.
o (3) Chemical tests of blood or urine, if conducted by a facility located outside this Commonwealth, shall
be performed:
o (i) by a facility licensed and approved by the Department of Health
o for this purpose; or
o (ii) by a facility licensed to conduct the tests by the state in which the facility is located and licensed
pursuant to the Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).
o (4) For purposes of blood testing to determine the amount of a Schedule I or nonprescribed Schedule II or
III controlled substance or a metabolite of such a substance, the Department of Health shall prescribe minimum
levels of these substances which must be present in a person's blood in order for the test results to be
admissible in a prosecution for a violation of section 1543(b)(1.1), 3802(d)(1), (2) or
o (3) or 3808(a)(2).
o (d) Repealed by 2003, Sept. 30, P.L. 120, No. 24, § 10, effective Feb. 1, 2004.
· (e) REFUSAL ADMISSIBLE IN EVIDENCE.-- In any summary proceeding or criminal proceeding in which
the defendant is charged with a violation of section 3802 or any other violation of this title arising out of the same
action, the fact that the defendant refused to submit to chemical testing as required by subsection (a) may be
introduced in evidence along with other testimony concerning the circumstances of the refusal. No presumptions
shall arise from this evidence but it may be considered along with other factors concerning the charge.
· (f) OTHER EVIDENCE ADMISSIBLE.-- Subsections (a) through (i) shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question whether or not the defendant was
under the influence of alcohol.
· (g) TEST RESULTS AVAILABLE TO DEFENDANT.-- Upon the request of the person tested, the results of
any chemical test shall be made available to him or his attorney.
· (h) TEST BY PERSONAL PHYSICIAN.-- The person tested shall be permitted to have a physician of his own
choosing administer an additional breath, blood or urine chemical test and the results of the test shall also be
admissible in evidence. The chemical testing given at the direction of the police officer shall not be delayed by a
person's attempt to obtain an additional test.
· (i) REQUEST BY DRIVER FOR TEST.-- Any person involved in an accident or placed under arrest for a
violation of section 1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of his breath, blood or urine.
Such requests shall be honored when it is reasonably practicable to do so.
o (j) IMMUNITY FROM CIVIL LIABILITY AND REPORTS.-- No physician, nurse or technician or hospital
employing such physician, nurse or technician, and no other employer of such physician, nurse or technician
shall be civilly liable for withdrawing blood or obtaining a urine sample and reporting test results to the police at
the request of a police officer pursuant to this section. No physician, nurse or technician or hospital employing
such physician, nurse or technician may administratively refuse to perform such tests and provide the results
to the police officer except as may be reasonably expected from unusual circumstances that pertain at the time
the request is made.
(k) PREARREST BREATH TEST AUTHORIZED.-- A police officer, having reasonable suspicion to believe
a person is driving or in actual physical control of the movement of a motor vehicle while under the influence of
alcohol, may require that person prior to arrest to submit to a preliminary breath test on a device approved by
the Department of Health for this purpose. The sole purpose of this preliminary breath test is to assist the officer
in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in
addition to any other requirements of this title. No person has any right to expect or demand a preliminary breath
test. Refusal to submit to the test shall not be considered for purposes of subsections (b) and (e).
· (l) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"ADULT." A person 21 years of age or older.
"MINOR." A person under 21 years of age.
§ 1548. Requirements for driving under influence offenders
(a), (b) Deleted by 2003, Sept. 30, P.L. 120, No. 24, § 11, effective Feb. 1, 2004.
· (c) RESULTS OF EVALUATION.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) (relating to penalties) after
January 31, 2004, and before July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
o (2) Based on the results of evaluation and any additional information and evidence, the court may in
addition to any other requirements of the court or this title determine and require, as part of sentencing or
condition of parole, probation or Accelerated Rehabilitative Disposition or other preliminary disposition, that
the person successfully complete a prescribed program of individual or group intervention or supervised
inpatient or outpatient treatment or any combination of these programs or treatments for a period of up to
the statutorily available maximum. Any program of individual or group intervention or supervised inpatient or
outpatient treatment shall be of a type approved by the Department of Health or operated by a facility or
hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs.
Based on periodic reviews of the person's progress, the court may alter, modify or
o shorten or extend the duration of the requirements.
· (3) This subsection shall expire July 1, 2009.
· (d) ORDER FOR ALCOHOL OR DRUG COMMITMENT.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)( 1) after January 31, 2004, and before
July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
· (2) If after evaluation and further examination and hearing it is determined that a defendant is an alleged
chronic abuser of alcohol or controlled substances or that the person is a severely debilitated controlled
substance or alcohol abuser who represents a demonstrated and serious threat, the court may order the
person committed for treatment at a facility or institution approved by the Department of Health or operated
by a facility or hospital that is under the authority of the United States Armed Forces or the Department of
Veterans Affairs. If the defendant has been convicted of a previous violation of section 3731, the court shall
order the person committed to a drug and alcohol treatment program licensed by the Office of Drug and Alcohol
Programs of the Department of Health or operated by a facility or hospital that is under the authority of the
United States Armed Forces or the Department of Veterans Affairs:
· (i) Any person subject to this subsection may be examined by an appropriate physician of the person's
choosing and the result of the examination shall be considered by the court.
· (ii) Upon motion duly made by the committed person, an attorney or an attending physician, the court at any
time after an order of commitment may review the order. After determining the progress of treatment, the court
may order its continuation, the person's release or supervised treatment on an outpatient basis.
· (iii) Any person ordered by the court to receive treatment after a first offense, and any person required to
receive treatment after a second offense under section 3731 must demonstrate to the court that the defendant
has successfully completed treatment according to all guidelines required by the program before the person's
operating privilege may be restored.
· (3) This subsection shall expire July 1, 2009.
· (e) COSTS.--
Costs of any and all requirements applied under this section shall be in addition to any other penalty required
or allowed by law and shall be the responsibility of the person upon whom the requirements are placed. This
subsection shall expire July 1, 2009.
· (f) COURT-ORDERED INTERVENTION OR TREATMENT.--
· (1) This subsection shall apply as follows:
· (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) after January 31, 2004, and before
July 1, 2006.
· (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before
July 1, 2009.
· (2) A record shall be submitted to the department as to whether the court did or did not order a
defendant to attend a program of supervised individual or group counseling treatment or supervised inpatient
or outpatient treatment. If the court orders treatment, a report shall be forwarded to the department as to
whether the defendant successfully completed the program. If a defendant fails to successfully complete a
program of treatment as ordered by the court, the suspension shall remain in effect until the department is
notified by the court that the defendant has successfully completed treatment and the defendant is otherwise
eligible for restoration of his operating privilege. In order to implement the recordkeeping requirements of this
section, the department and the court shall work together to exchange pertinent information about a defendant's
case, including attendance and completion of treatment or failure to complete treatment.
· (3) This subsection shall expire July 1, 2009.
75 Pa.C.S. § 1553 (2004)
NOTICE: This section contains multiple versions of subsection (b)(1) and (c), (d)(6), (d)(8),(d)(9),(e), and (f);
subsections (d.1), (d.2), and (d.3), effective February 1, 2004
§ 1553. Occupational limited license
· (a) ISSUANCE.--
o (1) The department shall issue an occupational limited license under the provisions of this section to a driver
whose operating privileges have been suspended and is not prohibited under any other provision in this section.
If the underlying reason for the suspension was caused by violations committed while the driver was operating
a commercial motor vehicle, the driver shall not be issued an occupational limited license for the purpose of
operating a commercial motor vehicle. The department shall prohibit the issuance of an occupational limited
license when disqualified from doing so under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of
Public Law 99-570, 49 U.S.C. App. § 2701 et seq.) or the Motor Carrier Safety Improvement Act of 1999
(Public Law 106-159, 113 Stat. 1748).
· (2) The department shall not issue an occupational limited license to drivers whose operating privileges
have been recalled, canceled or revoked.
· (b) PETITION.--
· (1) The applicant for an occupational limited license must file a petition with the department, by certified
mail, setting forth in detail the need for operating a motor vehicle. The petition shall be on a form prescribed
by the department and shall identify the specific motor vehicle or vehicles the petitioner seeks permission to
operate. The petition shall include an explanation as to why the operation of a motor vehicle is essential to
the petitioner's occupation, work, trade, treatment or study. The petition shall identify the petitioner's employer,
educational institution or treatment facility, as appropriate, and shall include proof of financial responsibility
covering all vehicles which the petitioner requests to be allowed to operate. The department shall promulgate
regulations to require additional information as well as additional evidence to verify the information contained
in the petition.
· (2) The petitioner shall surrender his driver's license in accordance with section 1540 (relating to surrender
of license). If the petitioner's driver's license has been lost or stolen, the petitioner shall submit an application
for a replacement license, along with the proper fee. If the petitioner is a nonresident licensed driver, the
petitioner shall submit an acknowledgment of suspension in lieu of a driver's license. If the petitioner's license
has expired, the petitioner shall submit an application for renewal, along with the appropriate fee. All fines,
costs and restoration fees must be paid at the time of petition.
· (3) Consistent with the provisions of this section, the department shall issue an occupational limited license
to the applicant within 20 days of receipt of the petition.
· (4) (i) A person whose operating privilege has been suspended for a conviction of section 1543 (relating to
driving while operating privilege is suspended or revoked) may not petition for an occupational limited license
unless department records show that the suspension for a conviction of section 1543 occurred only as the result
of:
o (A) a suspension for failure to respond to a citation imposed under
o the authority of section 1533 (relating to suspension of operating
privilege for failure to respond to citation) or 6146 (relating to
enforcement agreements);
· (B) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a)
(relating to school, examination or hearing on accumulation of points or excessive speeding);
· (C) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b);
or
· (D) a suspension that occurred as a result of a violation of section 1772(b) (relating to suspension for
nonpayment of judgments), 1774 (relating to payments sufficient to satisfy judgments) or 1775 (relating to
installment payment of judgments).
· (ii) The petition may not be filed until three months have been served for the suspension under section 1543(a).
· (c) FEE.-- The fee for applying for an occupational limited license shall be $ 50. This fee shall be nonrefundable
and no other fee shall be required.
o (d) UNAUTHORIZED ISSUANCE.-- The department shall prohibit issuance of an occupational limited license to:
o (1) A driver who is not licensed to drive by this or any other state.
o (2) Any person who is required by this title to take an examination and who has failed to take and pass such
an examination.
o (3) Any person who has an unsatisfied judgment against him as the result of a motor vehicle operation,
until such judgment has been satisfied under the provisions of section 1774 (relating to payments sufficient to
satisfy judgments) or an installment agreement has been entered into to satisfy the judgment as permitted
under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating to installment
payment of judgments) and the financial responsibility of such person has been established.
o (4) Any person applying for an occupational limited license to operate a commercial motor vehicle
whose commercial driver's license privilege is disqualified under the provisions of section 1611 (relating to
disqualification).
o (5) Any person who, at the time he applies for an occupational limited
license, has previously been granted such a privilege within the period
of five years next preceding such application.
o (6) Any person who has been adjudicated delinquent, granted a consent decree or granted Accelerated
Rehabilitative Disposition for driving under the influence of alcohol or controlled substance unless the suspension
or revocation imposed for that conviction has been fully served.
o (7) Any person whose operating privilege has been suspended for refusal to submit to chemical testing to
determine the amount of alcohol or controlled substance unless that suspension has been fully served.
o (8) Except as set forth in subsections (d.1) and (d.2), any person who has been convicted of driving
under the influence of alcohol or controlled substance and whose license has been suspended by the department
unless the suspension imposed has been fully served.
o (9) Except as set forth in subsection (d.3), any person whose operating privilege has been suspended for a
violation of 8 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt
or brewed beverages) unless the suspension imposed has been fully served.
o (10) Any person whose operating privilege has been suspended pursuant to either section 13(m) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or section 1532
c) (relating to suspension of operating privilege) unless the suspension imposed has been fully served.
o (11) Any person whose operating privilege has been suspended or revoked as the result of a conviction of
or as a result of a court order in conjunction with an adjudication of delinquency or the granting of a consent
decree for any offense under the following provisions, unless the suspension or revocation has been fully
served:
Section 3345(a) (relating to meeting or overtaking school bus).
Section 3367 (relating to racing on highways).
Any violation of Ch. 37 Subch. B (relating to serious traffic
offenses) or C (relating to accidents and accident reports).
· (12) Any person whose operating privilege is currently suspended for failure to respond to a citation pursuant
to section 1533 or 6146.
· (13) Any person whose operating privilege is currently suspended pursuant to section 1784 (relating to proof
of financial responsibility following violation), 1785 (relating to proof of financial responsibility following accident)
or 1786 (relating to required financial responsibility).
· (14) Any person whose operating privilege is currently suspended for failure to attend and satisfactorily
complete a driver improvement course or failure to attend a hearing required under section 1538.
· (15) Any person whose operating privilege has been suspended for a conviction of section 1543 unless
department records show that the suspension for a conviction of section 1543 occurred only as a result
of:
· (i) a suspension for failure to respond to a citation imposed under the authority of section 1533 or 6146;
· (ii) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a)
; or
(iii) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b).
· (16) Any person whose operating privilege has been suspended under an interjurisdictional agreement as
provided for in section 6146 as the result of a conviction or adjudication if the conviction or adjudication for
an equivalent offense in this Commonwealth would have prohibited the issuance of an occupational limited license.
· (17) Any person whose operating privilege has been suspended as the result of a conviction of a violation
of section 7102(b) (relating to removal or falsification of identification number), 7103(b) (relating to dealing in
vehicles with removed or falsified numbers), 7111 (relating to dealing in titles and plates for stolen vehicles),
7121 (relating to false application for certificate of title or registration) or 7122 (relating to altered, forged or
counterfeit documents and plates) unless the suspension has been fully served.
· (18) Any person whose operating privilege has been suspended under section 1532 (a.1) for conviction or
adjudication of delinquency based on a violation of section 3732 (relating to homicide by vehicle) or 3735
(relating to homicide by vehicle while driving under influence).
(D.1) ADJUDICATION ELIGIBILITY.--
An individual who has been convicted of an offense under section 3802
(relating to driving under influence of alcohol or controlled substance) and does not have a prior offense as
defined in section 3806(a) (relating to prior offenses) shall be eligible for an occupational limited license only
if the individual has served 60 days of the suspension imposed for the offense.
(D.2) SUSPENSION ELIGIBILITY.--
(1) An individual whose license has been suspended for a period of 18 months under section 1547(b)(1)(ii)
(relating to chemical testing to determine amount of alcohol or controlled substance) or 3804(e)(2)(ii)
(relating to penalties) shall not be prohibited from obtaining an occupational limited license under this section
if the individual:
· (i) is otherwise eligible for restoration;
· (ii) has served 12 months of the suspension imposed for the offense;
· (iii) has no more than one prior offense as defined in section 3806(b);
· (iv) only operates a motor vehicle equipped with an ignition interlock system as defined in section 3801
(relating to definitions); and
· (v) has certified to the department under paragraph (3).
· (2) A period of ignition interlock accepted under this subsection shall not count towards the one-year
mandatory period of ignition interlock imposed under section 3805 (relating to ignition interlock).
· (3) If an individual seeks an occupational limited license under this subsection, the department shall require
that each motor vehicle owned or registered to the person has been equipped with an ignition interlock system
as defined in section 3801 as a condition of issuing an occupational limited license with an ignition interlock
restriction.
(D.3) SUSPENSION ELIGIBILITY RELATED TO TITLE 18 VIOLATION.--
An individual whose operating privilege has been suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible
for an occupational limited license unless the individual has previously violated 18 Pa.C.S. § 6308 -
· (e) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN OCCUPATIONAL LIMITED LICENSE
HAS BEEN ISSUED.--
Any driver who has been issued an occupational limited license and as to whom the department receives a report
of conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation
of operating privileges or a report under section 3815(c)(4) (relating to mandatory sentencing) shall have the
occupational limited license recalled, and the driver shall surrender the limited license to the department or its
agents designated under the authority of section 1540.
o (f) RESTRICTIONS.--
A driver who has been issued an occupational limited license shall observe the following:
o (1) The driver shall operate a designated vehicle only:
o (i) Between the driver's place of residence and place of employment or study and as necessary in the
course of employment or conducting a business or pursuing a course of study where the operation of a
motor vehicle is a requirement of employment or of conducting a business or of pursuing a course of study.
o (ii) To and from a place for scheduled or emergency medical examination or treatment. This subparagraph
includes treatment required under Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
o (2) A driver who has been issued an occupational limited license shall not operate a school bus.
o (3) Any person who violates the conditions of issuance or restrictions of the occupational limited license
commits a summary offense and shall, upon conviction, pay a fine of $ 200 and, upon receipt of a certified
record of conviction, the department shall recall the limited license.
o (4) The operating privilege of a driver who has been issued an occupational limited license remains under
suspension or revocation except when operating a motor vehicle in accordance with the conditions of issuance
or restrictions of the occupational limited license.
o (5) A driver who has been issued an occupational limited license shall possess a completed occupational
limited license affidavit on a form prescribed by the department at all times when operating a motor vehicle.
The driver shall exhibit the completed form upon demand by a police officer. The affidavit shall indicate that
the driver is operating the motor vehicle at a time and between places in accordance with the restrictions of
paragraph (1). An occupational limited license affidavit shall contain information required by regulations which
shall be promulgated by the department. The driver is not required to possess a completed occupational
limited license affidavit when operating a motor vehicle to a location for emergency medical treatment.
· (g) CHANGES IN CONDITION.--
A driver who is granted an occupational limited license shall immediately inform
the department in writing of any change in the conditions under which that driver applied for the occupational
limited license. Upon failure to give prompt notice of any changes or if the conditions for the limited license no
longer exist, the department shall recall the occupational limited license.
· (h) APPEAL FROM DENIAL OR RECALL OF OCCUPATIONAL LIMITED LICENSE.--
Any driver who is denied an occupational limited license or whose occupational limited license is recalled
may file with the department a petition for a hearing. The hearing shall be conducted in accordance with
Title 2 (relating to administrative law and procedure). The department may charge a reasonable fee based
on the cost to the department for conducting such a hearing. The appeal shall not operate as an automatic
supersedeas. If an administrative hearing officer orders a supersedeas in any appeal, the petitioner shall earn
no credit towards serving the suspension for which the petitioner was granted an occupational limited license.
An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government agencies). Appeals under this subchapter are
exempt from the provisions of section 1550(b) (relating to judicial review) and from the provisions of 42
Pa.C.S. § 933 (relating to appeals from government agencies).
75 Pa.C.S. § 3732
NOTICE: This section contains multiple versions of subsection (a)
75 Pa.C.S. § 3735
NOTICE: This section contains multiple versions of subsection (a)
§ 3735. Homicide by vehicle while driving under influence
· (a) OFFENSE DEFINED.-- Any person who unintentionally causes the death of another person as the
result of a violation of section 3802 ( relating to driving under influence of alcohol or controlled substance)
and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation
is the cause of death and the sentencing court shall order the person to serve a minimum term of
imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed
for each victim whose death is the result of the violation of section 3802.
· (b) APPLICABILITY OF SENTENCING GUIDELINES.-- The sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section.
NOTICE: This section contains multiple versions of subsection (a)
§ 3735.1. Aggravated assault by vehicle while driving under the influence
· (a) OFFENSE DEFINED.-- Any person who negligently causes serious bodily injury to another person
as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled
substance) and who is convicted of violating section 3802 commits a felony of the second degree when the
violation is the cause of the injury.
· (b) DEFINITION.-- As used in this section, the term "SERIOUS BODILY INJURY" means any bodily injury
which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
§ 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.
o (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:
o (1) There is in the individual's blood any amount of a:
o (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;
o (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
o (iii) metabolite of a substance under subparagraph (i) or (ii).
o (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.
o (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
o 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.
o (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:
o (1) After the individual has imbibed a sufficient amount of alcohol
such that the alcohol concentration in the individual's blood or breath
is:
o (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.
o (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.
o (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.
o (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).
o (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.
o (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:
o (1) where the Commonwealth shows good cause explaining why the chemical
test could not be performed within two hours; and
o (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.--
· (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(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(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(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(c) or (d) and who has one or more prior offenses commits
a misdemeanor of the first degree.
§ 3804. Penalties
o (a) GENERAL IMPAIRMENT.--
An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance)
shall be sentenced as follows:
o (1) For a first offense, to:
o (i) undergo a period of probation not to exceed six months;
o (ii) pay a fine of $ 300;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (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).
o (2) For a second offense, to:
o (i) undergo imprisonment for not less than five days nor more than six months;
o (ii) pay a fine of not less than $ 300 nor more than $ 2,500;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (3) For a third or subsequent offense, to:
o (i) undergo imprisonment of not less than ten days nor more than two years;
o (ii) pay a fine of not less than $ 500 nor more than $ 5,000; and
o (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 nor more than six months;
· (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 nor more than six months;
· (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 nor more than five years;
· (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 nor more than five years;
· (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.
o (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:
o (1) For a first offense, to:
o (i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;
o (ii) pay a fine of not less than $ 1,000 nor more than $ 5,000;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (2) For a second offense, to:
o (i) undergo imprisonment of not less than 90 days nor more than five years;
o (ii) pay a fine of not less than $ 1,500;
o (iii) attend an alcohol highway safety school approved by the
department; and
o (iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (3) For a third or subsequent offense, to:
o (i) undergo imprisonment of not less than one year nor more than five years;
o (ii) pay a fine of not less than $ 2,500; and
o (iii) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
o (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).
o (e) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
o (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:
o (i) an offense under section 3802; or
o (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).
o (2) Suspension under paragraph (1) shall be in accordance with the following:
o (i) Except as provided for in subparagraph (iii), 12 months for an
ungraded misdemeanor or misdemeanor of the second degree under this chapter.
o (ii) 18 months for a misdemeanor of the first degree under this chapter.
o (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.
o (iv) For suspensions imposed under paragraph (1)(ii), notwithstanding
any provision of law or enforcement agreement to the contrary, all of
the following apply:
o (A) Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver's License
Compact).
o (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).
o (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.
o (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.
o (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.
o § 3805. Ignition interlock
o (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:
o (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.
o (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.
o (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.
o (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.
o (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:
o (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:
o (i) the employer has been notified that the employee is restricted;
and
o (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.
§ 3807. Accelerated Rehabilitative Disposition
· (a) ELIGIBILITY.--
o (1) Except as set forth in paragraph (2), a defendant charged with a
o violation of section 3802 (relating to driving under influence of alcohol or controlled substance) may
be considered by the attorney for the Commonwealth for participation in an Accelerated Rehabilitative
Disposition program in a county if the program includes the minimum requirements contained in this section.
· (2) The attorney for the Commonwealth shall not submit a charge brought under this chapter for Accelerated
Rehabilitative Disposition if any of the following apply:
· (i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge
brought under section 3802 within ten years of the date of the current offense unless the charge was for an
ungraded misdemeanor under section 3802(a)(2) and was the defendant's first offense under section 3802.
· (ii) An accident occurred in connection with the events surrounding the current offense and an individual
other than the defendant was killed or suffered serious bodily injury as a result of the accident.
· (iii) There was a passenger under 14 years of age in the motor vehicle the defendant was operating.
· (b) EVALUATION AND TREATMENT.--
· (1) A defendant offered Accelerated Rehabilitative Disposition for a violation of section 3802 is, as a
condition of participation in the program, subject to the following requirements in addition to any other
conditions of participation imposed by the court:
· (i) The defendant must attend and successfully complete an alcohol highway safety school established
under section 1549 (relating to establishment of schools). A participating defendant shall be given both oral
and written notice of the provisions of section 1543(b) (relating to driving while operating privilege is suspended
or revoked).
· (ii) Prior to receiving Accelerated Rehabilitative Disposition or other preliminary disposition, the defendant
must be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) to
determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in
determining what conditions of Accelerated Rehabilitative Disposition would benefit the defendant and the public.
If the evaluation indicates there is a need for counseling or treatment, the defendant shall be subject to a full
assessment for alcohol and drug addiction in accordance with the provisions of section 3814(3) and (4) (relating
to drug and alcohol assessments).
(iii) If the defendant is assessed under subparagraph (ii) to be in need of treatment, the defendant must
participate and cooperate with a licensed alcohol or drug addiction treatment program. The level and duration
of treatment shall be in accordance with the recommendations of the full assessment. Nothing in this
subparagraph shall prevent a treatment program from refusing to accept a defendant if the program
administrator deems the defendant to be inappropriate for admission to the program. A treatment program
shall retain the right to immediately discharge into the custody of the probation officer an offender who fails
to comply with program rules and treatment expectations or refuses to constructively engage in the treatment
process.
· (iv) The defendant must remain subject to court supervision for six
months.
· (v) The defendant must make restitution to any person that incurred determinable financial loss as a result
of the defendant's actions which resulted in the offense. Restitution must be subject to court supervision.
· (vi) The defendant must pay the reasonable costs of a municipal corporation in connection with the offense.
Fees imposed under this subparagraph shall be distributed to the affected municipal corporation.
(vii) The defendant must pay any other fee, surcharge or cost required by law. Except as set forth in
subparagraph
(vi) or (viii), a fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative
Disposition or any other preliminary disposition of any charge under this chapter shall be distributed as provided
for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal
corporation portion of fines, etc.).
(viii) The defendant must pay the costs of compliance with subparagraphs (i), (ii) and (iii).
· (2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following
apply:
· (i) The evaluation under paragraph (1)(ii) indicates a likelihood that the defendant is addicted to alcohol or
other drugs.
· (ii) The defendant's blood alcohol content at the time of the offense was at least 0.16%.
· (3) The assessment under paragraph (2) shall be conducted by one of the following:
· (i) The Department of Health or its designee.
· (ii) The county agency with responsibility for county drug and alcohol programs or its designee.
· (iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and
alcohol addiction treatment programs.
· (4) The assessment under paragraph (2) shall consider issues of public safety and shall include
recommendations for all of the following:
· (i) Length of stay.
· (ii) Levels of care.
· (iii) Follow-up care and monitoring.
· (c) INSURANCE.--
· (1) This subsection shall only apply to a health insurance, health maintenance organization or other
health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No.
284) , known as The Insurance Company Law of 1921.
· (2) If an individual who is insured by a health insurance, a health maintenance organization or other health
plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug
abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or
other drug problem which occurs as a result of an assessment under this section.
(d) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.-- As a condition of participation in an
Accelerated Rehabilitative Disposition program, the court shall order the defendant's license suspended as
follows:
· (1) There shall be no license suspension if the defendant's blood alcohol concentration at the time of testing
was less than 0.10%.
· (2) For 30 days if the defendant's blood alcohol concentration at the time of testing was at least 0.10% but
less than 0.16%.
· (3) For 60 days if:
· (i) the defendant's blood alcohol concentration at the time of
testing was 0.16% or higher;
· (ii) the defendant's blood alcohol concentration is not known; or
· (iii) an accident which resulted in bodily injury or in damage to a vehicle or other property occurred in
connection with the events surrounding the current offense.
· (e) FAILURE TO COMPLY.--
· (1) A defendant who fails to complete any of the conditions of participation contained in this section shall
be deemed to have unsuccessfully participated in an Accelerated Rehabilitative Disposition program, and the
criminal record underlying participation in the program shall not be expunged.
· (2) The court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in the
Rules of Criminal Procedure if the defendant:
· (i) fails to meet any of the requirements of this section;
· (ii) is charged with or commits an offense under 18 Pa.C.S. (relating to crimes and offenses); or
· (iii) violates any other condition imposed by the court.
§ 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 section 1553(d.2) (relating to occupational
limited license) or 3805 (relating to ignition interlock) 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 summary
offense 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.
· (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) 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 .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.
o (b) TAMPERING WITH AN IGNITION INTERLOCK SYSTEM.-- A person that tampers with an ignition
interlock system required by law commits a misdemeanor of the third degree 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. 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 by passing an ignition interlock system by:
o (1) means of using another individual to provide a breath sample; or
o (2) providing a breath sample for the purpose of bypassing an ignition
interlock system required by law.
o (c) SUSPENSION OF OPERATING PRIVILEGE.-- Notwithstanding section 3805(c) and (i):
o (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.
o (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 or its agents designated under the authority of section 1540 (relating to surrender
of license). 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. § 3809. Restriction on
alcoholic beverages
· (a) GENERAL RULE.--
Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may
not be in possession of an open alcoholic beverage container or consume a 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 an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this
Commonwealth.
o (b) EXCEPTION.-- This section does not prohibit possession or consumption by any of the following:
o (1) A passenger in the passenger area of a motor vehicle designed,
maintained or used primarily for the lawful transportation of persons
for compensation. This paragraph includes buses, taxis and limousines.
o (2) An individual in the living quarters of a house coach or house trailer.
o (c) PENALTY.-- An individual who violates this section commits a summary offense.
§ 3811. Certain arrests authorized
· (a) WARRANT NOT REQUIRED.--
In addition to any other powers of arrest, a police officer is authorized to arrest an individual without a
warrant if the officer has probable cause to believe that the individual has violated section 1543(b)(1.1)
(relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence
of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with
ignition interlock), regardless of whether the alleged violation was committed in the presence of the police officer.
· (b) TERRITORY.-- The authority under subsection (a) extends to any hospital or other medical treatment
facility located beyond the territorial limits of the police officer's political subdivision at which an individual to
be arrested is found or was taken or removed for purposes of emergency treatment, examination or evaluation
as long as there is probable cause to believe that the violation of section 1543(b)(1.1), 3802 or 3808(a)(2)
occurred within the police officer's political subdivision.
§ 3813. Work release
In any case in which an individual is sentenced to a period of imprisonment as a result of a conviction for
violating a provision of this chapter, the judicial officer imposing the sentence shall consider assigning that
individual to a daytime work release program. Any work release program permitted under this section shall
be certified by the Drug and Alcohol Treatment program administration as being consistent with any drug
and alcohol treatment requirements imposed under section 3814 (relating to drug and alcohol assessments).
§ 3814. Drug and alcohol assessments
If a defendant is convicted or pleads guilty or no contest to a violation of section 3802 (relating to driving
under the influence of alcohol or controlled substance), the following apply prior to sentencing:
· (1) The defendant shall be evaluated under section 3816(a) (relating to requirements for driving under
influence offenders) and any other additional evaluation techniques deemed appropriate by the court to
determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in
determining what type of sentence would benefit the defendant and the public.
· (2) The defendant shall be subject to a full assessment for alcohol and
drug addiction if any of the following subparagraphs apply:
· (i) The defendant, within ten years prior to the offense for which sentence is being imposed, has been
sentenced for an offense under:
· (A) section 3802;
· (B) former section 3731; or
· (C) an equivalent offense in another jurisdiction.
· (ii) Either:
· (A) the evaluation under paragraph (1) indicates there is a need
for counseling or treatment; or
· (B) the defendant's blood alcohol content at the time of the offense was at least .16%.
· (3) The assessment under paragraph (2) shall be conducted by one of the following:
· (i) The Department of Health or its designee.
· (ii) The county agency with responsibility for county drug and alcohol programs or its designee.
· (iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and
alcohol addiction treatment programs.
· (4) The assessment under paragraph (2) shall consider issues of public
safety and shall include recommendations for all of the following:
· (i) Length of stay.
· (ii) Levels of care.
· (iii) Follow-up care and monitoring.
§ 3815. Mandatory sentencing
(a) COUNTY SUPERVISION.--
Notwithstanding the length of any maximum term of imprisonment imposed pursuant to sections 3803
(relating to grading) and 3804 (relating to penalties), and notwithstanding the provisions of section 17 of the
act of August 6, 1941 (P.L. 861, No. 323) , referred to as the Pennsylvania Board of Probation and Parole Law,
the sentencing judge may grant parole under the supervision of the county parole system to any offender
serving a sentence for a violation of section 3802 (relating to driving under influence of alcohol or controlled
substance) and, if applicable, serving any concurrent sentence of imprisonment for any misdemeanor offense
arising from the same criminal episode as the violation of section 3802. The power of the sentencing judge
to grant parole shall apply only to those offenders whose sentences are being served in a county prison
pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) or section 3804(d).
· (b) PAROLE.--
· (1) An offender who is determined pursuant to section 3814 (relating to drug and alcohol assessments)
to be in need of drug and alcohol treatment shall be eligible for parole in accordance with the terms and
conditions prescribed in this section following the expiration of the offender's mandatory minimum term of
imprisonment.
· (2) The following shall be conditions of parole:
· (i) If the offender is not determined under the procedures set forth in section 3814 to be addicted to alcohol
or another substance, the offender must refrain from:
· (A) the use of illegal controlled substances; and
· (B) the abuse of prescription drugs, over-the-counter drugs or any
other substances.
· (ii) If the offender is determined under the procedures set forth in section 3814 to be addicted to alcohol or
another substance, the offender must do all of the following:
· (A) Refrain from:
· (I) the use of alcohol or illegal controlled substances; and
· (II) the abuse of prescription drugs, over-the-counter drugs or
any other substances.
· (B) Participate in and cooperate with drug and alcohol addiction
treatment under subsection (c).
· (c) TREATMENT.--
· (1) Treatment must conform to assessment recommendations made under section 3814.
· (2) Treatment must be conducted by a drug and alcohol addiction treatment program licensed by the
Department of Health.
· (3) The treatment program shall report periodically to the assigned parole officer on the offender's progress
in the treatment program. The treatment program shall promptly notify the parole officer if the offender:
· (i) fails to comply with program rules and treatment expectations;
· (ii) refuses to constructively engage in the treatment process; or
· (iii) without authorization terminates participation in the treatment
program.
· (4) Upon notification under paragraph (3), the parole officer shall report the offender's actions to the parole
authority and to the department for compliance with section 1553(e) (relating to occupational limited license).
The parole authority shall schedule a revocation hearing to consider recommendations of the parole officer and
the treatment program.
· (5) Nothing in this subsection shall prevent a treatment program from refusing to accept an offender if the
program administrator deems the offender to be inappropriate for admission to the program. A treatment
program shall retain the right to immediately discharge into the custody of the assigned parole officer an offender
who fails to comply with program rules and treatment expectations or refuses to constructively engage in the
treatment process.
· (d) ENFORCEMENT.--
· (1) This subsection applies to an offender ordered to participate in a treatment program under subsection
(b)(2)(ii) who:
· (i) fails to comply with program rules and treatment expectations;
· (ii) refuses to constructively engage in the treatment process; or
· (iii) terminates participation in the treatment program without authorization.
· (2) Notwithstanding any other provision of law, all of the following apply to an offender under paragraph
(1):
· (i) The offender's parole, prerelease, work release or any other release status shall be revoked.
· (ii) The offender shall be ineligible for parole, prerelease, work release or any other release from the
correctional facility prior to the expiration of the offender's maximum term unless the offender is permitted to
be readmitted to a treatment program.
· (3) Nothing in this subsection shall be construed to grant a legal right to parole to an offender previously
ineligible for parole, on the grounds that the offender is currently prepared to participate in, comply with and
constructively engage in the treatment process. Under such circumstances, parole or reparole of the offender
shall be at the parole authority's discretion.
o (e) FOLLOW-UP.-- After an offender has completed the treatment program under subsection (c), the
parole officer shall take reasonable steps to ensure that the offender does not abuse alcohol, use illegal
controlled substances or abuse prescription drugs, over-the-counter drugs or any other such substances.
These reasonable steps include requiring chemical testing and periodic reassessment of the offender by the
treatment program.
o (f) FEES.--
o (1) Except as set forth in paragraph (2), the parole authority shall
impose upon an offender subject to this section reasonable fees to
cover the cost of any of the following:
o (i) Chemical testing of the offender required under this section.
o (ii) An assessment of the offender required under this section.
o (iii) Drug or alcohol treatment provided in accordance with the
assessment.
o (2) If the parole authority finds the offender to be unable to pay the full amount of the fees required by
paragraph (1) and section 1541(d) (relating to period of disqualification, revocation or suspension of operating
privilege), it shall require the offender to pay as much of the fee as is consistent with the offender's ability to
pay and shall direct the assigned parole officer to establish a reasonable payment schedule for the offender to
pay as much of the remaining fees as is consistent with the offender's ability to pay.
o (g) INSURANCE.--
o (1) This subsection shall only apply to a health insurance, health
o maintenance organization or other health plan required to provide
benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No.
284), known as The Insurance Company Law of 1921.
o (2) If an individual who is insured by a health insurance, a health maintenance organization or other health
plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug
abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or
other drug problem which occurs as a result of an assessment under this section.
o (h) ADDITIONAL FUNDING.-- In order to support and augment the diagnostic assessment and treatment
services provided under this section, the Department of Health, the department and the Pennsylvania
Commission on Crime and Delinquency shall seek all available Federal funding, including funds available through
the United States National Highway Traffic Safety Administration and the Department of Health and Human
Services.
o § 3816. Requirements for driving under influence offenders
· (a) EVALUATION USING COURT REPORTING NETWORK.-- In addition to any other requirements of the
court, every person convicted of a violation of section 3802 (relating to driving under influence of alcohol or
controlled substance) and every person offered Accelerated Rehabilitative Disposition as a result of a charge of
a violation of section 3802 shall, prior to sentencing or receiving Accelerated Rehabilitative Disposition or other
preliminary disposition, be evaluated using Court Reporting Network instruments issued by the department and
any other additional evaluation techniques deemed appropriate by the court to determine the extent of the
person's involvement with alcohol or controlled substances and to assist the court in determining what
sentencing, probation or conditions of Accelerated Rehabilitative Disposition would benefit the person or the
public.
· (b) COURT-ORDERED INTERVENTION OR TREATMENT.--
A record shall be submitted to the department as to whether the court did or did not order a defendant to attend
drug and alcohol treatment pursuant to the requirements of sections 3804 (relating to penalties), 3814 (relating
to drug and alcohol assessments) and 3815 (relating to mandatory sentencing). If the court orders treatment,
a report shall be forwarded to the department as to whether the defendant successfully completed the program.
If a defendant fails to successfully complete a program of treatment as ordered by the court, the suspension shall
remain in effect until the department is notified by the court that the defendant has successfully completed
treatment and the defendant is otherwise eligible for restoration of his operating privilege. In order to implement
the recordkeeping requirements of this section, the department and the court shall work together to exchange
pertinent information about a defendant's case, including attendance and completion of treatment or failure to
complete treatment.
