The Law
The PA Department of Health recently published a list of Minimum Levels of Controlled Substance or Their Metabolites in Blood to Establish Presence of Controlled Substance. To view the article and list of Schedule I & II drugs click here.
DUI Law Grading and Sentencing Guide
Enforcement
Law enforcement agencies face competing priorities that change daily. They carry out their duties under constant scrutiny by public interest groups, the media, politicians, and the community. On any given day, officers are responsible for arresting criminals, dealing with domestic violence, patrolling shopping areas, conducting community relation activities, and yes, apprehending driving under the influence offenders.
DUI Top Gun
Click here for a DUI Top Gun Application
The Pennsylvania DUI Association felt that law enforcement officers in Pennsylvania deserve a thank you for their work in reducing the threat of impaired drivers on our roadways. It was with this intent that the PA DUI Association developed the DUI TOP GUN awards for police officers that have demonstrated a commitment to DUI enforcement.
This yearly event began in 1998. The Association contacted every Chief of Police, DUI Coordinator, and every Comprehensive Highway Safety Coordinator in Pennsylvania for their nomination of officers for this award. The response was overwhelming. The number of nominations received revealed that in most departments there is at least one officer that makes DUI enforcement a priority.
The finalists each received a plaque, a special golf-shirt (embroidered with DUI TOP GUN) and an enforcement tool to encourage them to continue their enforcement efforts: a brand new Intoximeters portable breath test equipment.
2010 TOP GUN AWARD Winners
In 2010 the following police officers were selected from Pennsylvania:
Trooper Daniel Acklin, Troop D, Butler
Trooper Thomas Armour, Troop B, Uniontown
Trooper Jeremy Baluh, Troop H, Harrisburg
Trooper Patrick Bouch, Troop H, Chambersburg
Officer Adam Bruckhart, West Manchester Township Police Department
Officer Kevin Carey, Pittsburgh Police Department
Trooper Frank Cichra, Troop D, Butler
Trooper Christopher Cole, Troop B, Uniontown
Patrol Officer Stephen Curley, Upper Moreland Township Police Department
Sergeant Terry Donnelly, Pittsburgh Police Department
Officer Isaiah Emenheiser, Northern York Regional Police Department
Patrolman James Falconio, Pleasant Hills Police Department
Trooper Craig Finkle, Troop H, Chambersburg
Corporal Michael Georgiou, York Area Regional Police Department
Patrolman Jared Hahn, Lititz Borough Police Department
Patrolman Martin Hanes, State College Police Department
Officer Michael Hine, Northern York Regional Police Department
Trooper Brian Hook, Troop N, Swiftwater
Corporal Thomas Hothouse, Troop N, Swiftwater
Patrolman David Howells, III, City of Allentown Police Department
Patrolman Guy Kuzak, Cecil Township Police Department
Trooper Matthew LoPresto, Troop M, Trevose
Corporal Joseph Loughran, Troop A, Ebensburg
Officer William Meisel, Jr., Brentwood Borough Police Department
Tfc. Eric Miller, Troop D, Mercer
Trooper Peter Minko, Troop J, Lancaster
Trooper Christopher Nacios, Troop M, Trevose
Sergeant Douglas Scott Ogden, Moon Township Police Department
Patrolman Robert Olecki, Jr., Scranton Police Department
Trooper John Pash, Troop B, Waynesburg
Trooper Matthew Petrof, Troop C, Kane
Trooper Gerald Powell, Jr., Troop H, Chambersburg
Patrolman Franklin Roesch, Altoona Police Department
Trooper Matthew Rudella, Troop H, Harrisburg
Trooper Pasqaule Russo, Troop M, Bethlehem
Officer Michael Sampere, York Area Regional Police Department
Trooper Bryan Schutz, Troop B, Pittsburgh
Trooper Scott Smith, Troop A, Indiana
Officer Sean Stafiej, Pittsburgh Bureau of Police
Corporal Sean Taylor, Troop H, Carlisle
Patrolman Juan Terry, Pittsburgh Bureau of Police Department
Trooper Michael Thomas, Troop N, Swiftwater
Corporal Robert Thompson, Troop E, Erie
Officer Ronald Tobias, Central Berks Regional Police Department
Corporal Brian Torkar, Troop H, York
Trooper John Witkowski, Troop H, Carlisle
Officer Ron Wolfe, City of Pittsburgh Police Department
Trooper Christopher Zukowsky, Troop M, Bethlehem
In 2010 the following police officers were selected for Driving Under the Influenc of Drug Arrests
Officer Michael Sampere, York Area Regional Police Department
Trooper Christopher Nacios, PA State Police Troop M Trevose
Trooper Daniel Acklin, Pa State Police Troop D Butler
Officer Ron Wolfe, City of Pittsburgh Police Department
Sgt. Terry Donnelly, Pittsburgh Police Department
Corporal Brian Torkar, PA State Police Troop H York
Trooper Frank Cichra, PA State Police Troop D Butler
Trooper Eric Miller, PA State Police Troop D Mercer
The Association’s involvement in these events sent a strong signal of encouragement and support to the selected individuals and police departments to keep DUI enforcement a priority. With their efforts we can keep moving toward a healthier and safer Pennsylvania.
Following this link for list of past Top Gun Awards Recipients
Police Departments with Highest DUI Arrest
According to the Uniform Crime Report the Departments
listed below are those that made the most DUI arrests in 2007.
Arrests Police Department County
| 100 | Hatfield Township | Montgomery |
| 102 | Lancaster City | Lancaster |
| 103 | Allegheny County | Allegheny |
| 103 | Exeter Township | Berks |
| 103 | Northern Regional | Allegheny |
| 103 | Perkasie Borough | Bucks |
| 103 | St. Marys City | Elk |
| 104 | Franklin City | Venango |
| 106 | Warwick Township | Bucks |
| 107 | Bloomsburg University | Columbia |
| 108 | Pocono Mountain Regional | Monroe |
| 108 | Upper Darby Township | Delaware |
| 109 | South Whitehall Township | Lehigh |
| 111 | Upper Providence Township | Delaware |
| 112 | Baldwin Borough | Allegheny |
| 112 | Warminster Township | Bucks |
| 114 | Brentwood Borough | Allegheny |
| 114 | North Huntingdon Township | Westmoreland |
| 114 | Quakertown Borough | Bucks |
| 115 | West Whiteland Township | Chester |
| 117 | Feguson Township | Centre |
| 118 | Derry Township | Dauphin |
| 118 | Upper Merion Township | Montgomery |
| 119 | Berks-Lehigh Regional | Berks |
| 119 | Montgomery Township | Montgomery |
| 119 | Norristown Borough | Montgomery |
| 119 | Swatara Township | Dauphin |
| 120 | Salisbury Township | Lehigh |
| 121 | Bloomsburg Town | Columbia |
| 121 | Stroud Area Regional | Monroe |
| 122 | Warrington Township | Bucks |
| 123 | Northern Berks Regional | Berks |
| 123 | West Goshen Township | Chester |
| 125 | Butler City | Butler |
| 125 | Cranberry Township | Butler |
| 126 | Williamsport City | Lycoming |
| 130 | Butler Township | Butler |
| 132 | Haverford Township | Delaware |
| 132 | Newtown Township | Bucks |
| 132 | Manheim Township | Lancaster |
| 135 | Chambersburg Borough | Franklin |
| 136 | York City | York |
| 137 | Mount Lebanon Township | Allegheny |
| 138 | Easton City | Northampton |
| 145 | Altoona City | Blair |
| 145 | Shippensburg University | Cumberland |
| 146 | Mifflin County Regional | Mifflin |
| 146 | Ross Township | Allegheny |
| 147 | Walnutport Borough | Northampton |
| 148 | Lowe Moreland Township | Montgomery |
| 151 | Johnstown City | Cambria |
| 151 | Millcreek Township | Erie |
| 152 | Lower Southampton Township | Bucks |
| 153 | Pottstown Borough | Montgomery |
| 165 | Springettsbury Township | York |
| 170 | Tredyffrin Township | Chester |
| 173 | Harrisburg City | Dauphin |
| 183 | Lower Paxton Township | Dauphin |
| 186 | Lower Merion Township | Montgomery |
| 186 | West Manchester Township | York |
| 191 | Moon Township | Allegheny |
| 193 | Reading City | Berks |
| 202 | Falls Township | Bucks |
| 210 | Hilltown Township | Bucks |
| 212 | Abington Township | Montgomery |
| 213 | Bristol Township | Bucks |
| 215 | Erie City | Erie |
| 215 | West Chester Borough | Chester |
| 243 | Upper Moreland Township | Montgomery |
| 276 | York Area Regional | York |
| 290 | Middletown Township | Bucks |
| 300 | Northern York Regional | York |
| 306 | Bensalem Township | Bucks |
| 320 | Bethlehem City | Northampton |
| 340 | Wilkes-Barre City | Luzerne |
| 384 | Allentown City | Lehigh |
| 488 | State College Borough | Centre |
| 553 | Scranton City | Lackawanna |
| 1161 | Pittsburgh City | Allegheny |
| 5253 | Philadelphia City | Philadelphia |
DUI Detection Cues
Following are 20 cues which police officers may use to detect nighttime drunk drivers. The cues were developed from interviews with a variety of law enforcement specialists in DUI detection; from a detailed analysis of more than 1,000 DUI arrest reports from different geographical regions; and from a field study in which cues observed in more than 600 patrol stops were correlated with driver BAC levels. These cues represent the most systematically developed method available for visually predicting whether a vehicle operated at night is being driven by a DUI driver or a sober driver.
Turning with a wide radius 65%
Straddling center or lane marker 65%
Appearing to be drunk 60%
Almost striking object or vehicle 60%
Weaving 60%
Driving on other than designated roadway 55%
Swerving 55%
Slow speed (more than 10 mph below limit) 50%
Stopping (without cause) in traffic lane 50%
Following too closely 50%
Drifting 50%
Tires on center or lane marker 45%
Braking erratically 45%
Driving into opposing or crossing traffic 45%
Signaling inconsistent with driving actions 40%
Slow response to traffic signals 40%
Stopping inappropriately (other than in lane) 35%
Turning abruptly or illegally 35%
Accelerating or decelerating rapidly 30%
Headlights off 30%
The number given after each visual cue is the probability that a driver exhibiting that cue has a BAC equal to or greater than 0.10 percent. For example, the 65 for the first cue; turning with wide radius, means that chances are 65 out of 100 that a driver who turns with a wide radius at night will have a BAC equal to or greater than 0.10 percent. The 50 for drifting means that chances are 50 out of 100 (50:50) that a driver who is drifting at night will have a BAC equal to or greater than 0.10 percent.
Each value shown is based on seeing only one cue. However, multiple cues are often seen. When two or more cues are seen add 10 to the highest value among the cues observed. For example:
Turning with wide radius 65
and
Drifting (50) +10
Total 75
Chances are 75 out of 100 that a driver who exhibits both these cues will have a BAC equal to or greater than 0.10 percent.
Alcohol and Drug Arrests
2007 Pennsylvania Uniform Crime Reporting Drug & Alcohol Highlights
The Pennsylvania Uniform Crime Reporting (UCR) Program was established as a result of the Uniform Criminal Statistics of 1970. The latest edition of the Annual Uniform Crime report portrays the nature, volume and extent of crime in the Commonwealth during 2007.
While the intent is to report on drug and alcohol related crimes, we certainly can’t ignore the 2007 Pennsylvania Crime Clock. According to the above mentioned publication one index crime is committed every 1 minute and 33 seconds. A violent crime is committed every 10 minutes 22 second and a property crime occurs every 1 minute 50 seconds.
The breakdown for violent crimes are as follows:
one MURDER every 12 hours 2 minutes
one RAPE every 2 hours 35 minutes
one ROBBERY every 27 minutes 23 seconds
one AGGRAVATED ASSAULT every 19 minutes 9 seconds
Property crime breakdown:
one BURGLARY every 9 minutes 39 seconds
one LARCENY-THEFT every 2 minutes 35 seconds
one MOTOR VEHICLE THEFT every 20 minutes 13 seconds
one ARSON every 3 hours 40 minutes
Drunkenness: There were 26,000 persons arrested in 2007 for drunkenness, a 7.7 percent increase from the 24,139 arrest in 2006. Persons arrested for drunkenness were predominantly male (81.6%), white (87.8%), and 25 years of age and older (72.2%). Arrests for drunkenness reached a peak of 2,700 in August and a low of 1,487 in February.
Drunkenness Crime Clock: one every 22 minutes 41 seconds.
Liquor Law Violation: There were 20,170 liquor law offenses reported in 2007, resulting in 30,509 persons being arrested for this violation. This was a 2.3 percent decrease from the 31,233 arrested in 2006. In general, persons arrested for liquor law offenses were predominantly male (68.0%), white (93.4%), and under 25 years of age (96.7%). Monthly totals of liquor law offenses varied from a low of 1,039 in December to a high of 2,445 in September.
Liquor Law Violation Crime Clock: one every 17 minutes 14 seconds.
Driving Under the Influence: There were 51,542 persons arrested in 2007 for driving under the influence offenses. This is a 4.4 percent increase from the 49,384 in 2006. Persons arrested for driving under the influence were predominantly male (78.6%), white (98.7%), and 25 years of age and older (71.2%). This offense varied from a low of 3,993 in February to a high of 4,792 in May.
Driving Under the Influence Crime Clock: one every 10 minutes 12 seconds.
Drug Abuse Violations: In 2007, 58,783 arrests were made for drug abuse offenses. This is a 2.8 percent increase from the 57,183 arrests in 2006. Persons arrested for drug abuse offenses were predominantly male (83.3%), white (54.1%), and 25 years of age and older (51.4%). The violations varied from a low of 3,686 in December to a high of 4,937 in May.
Drug Abuse Violations Crime Clock: one every 8 minutes 56 seconds.
The information listed below is derived from the CRN Statewide Statistical Report, year end 2008. Every individual arrested for DUI in PA has received an evaluation which was then cross-referenced with driving history and criminal history. Below please find information compiled through these methods which reflects who the “typical” DUI offender is in Pennsylvania.
Sex:
Male – 76%
Female – 24%
Average Age: 34
Age Breakdown:
18 & Under 0.5%
18 – 20 9.1%
21 – 24 18.7%
25 – 29 16.7%
30 – 34 10.9%
35 – 44 21.4%
45 – 54 16.2%
55+ 5 6.5%
Marital Status:
Single 51.2%
Married 18.5%
Divorced 12.6%
Separated 6.0%
Live-in Relationship 10.3%
Widowed 1.4%
Education:
Graduate Degree 3.5%
Undergraduate Degree 11.5%
Partial College/Tech. Training 30.3%
High School Graduate 42.2%
Partial High School 9.0%
Junior High School 2.9%
6th Grade and Below 0.6%
Average Income: $33,682
Employment Status:
Employed – 74.6%
Unemployed – 25.4%
Reason Police Stopped Client:
Crash 25.7%
Weaving (careless driving) 19.5%
Moving Violations 27.6%
Vehicle Violations 9.1%
Other 18.1%
Day of Arrest:
Sunday 21.9%
Monday 8.3%
Tuesday 8.2%
Wednesday 8.6%
Thursday 10.9%
Friday 15.7%
Saturday 26.4%
Time of Arrest:
4 am – Noon 5.0%
Noon – 5 pm 4.9%
5 pm – 10 pm 16.9%
10 pm – Midnight 16.8%
Midnight – 4 am 56.4%
Average BAC: .17
Traffic Safety History:
No other DUI Violations – 73.2%
Persons Having 1 Violation – 17.9%
Persons Having 2 Violations – 5.4%
Persons Having 3+ Violations – 3.5%
Controlled Substance Use:
Illicit or Non-Prescribed Controlled Substances
Marijuana
18.7%
Depressants 1.6%
Stimulants 0.4%
Hallucinogens 0.7%
Narcotics 2.7%
Cocaine 4.9%
Anti-Depressants 0.1%
Club 0.4%
Prescribed Controlled Substances
Depressants 6.3%
Stimulants 1.0%
Narcotics 8.4%
Anti-Depressants 11.1%
No controlled substance usage – 63.3%
Persons Using 1 Drug – 24.1%
Persons Using 2 Drugs – 8.1%
Persons Using 2+ Drugs – 4.5%
70% of all illegal drug users are employed
25% of 18 to 35 year old workers and 14% or workers of all ages used illegal drugs in the past year
10% of workers are alcoholics
26% of Pennsylvania workers know co-workers who use drugs on-the-job
43% of Pennsylvania workers know co-workers who are under the influence of alcohol on-the-job
16% of Pennsylvania workers were offered alcohol on-the-job and 7% were offered drugs
Lost productivity — abusers are 33% less productive
Higher employee absenteeism — alcoholics and problem drinkers are absent from work 3.8 to 8.3 times more often than normal. Drug users are absent from work an average of 5 days per month due to drug use.
More on-the-job accidents — drug using employees are 3.6% more likely to be involved in workplace accidents and 5 times more likely to file a workers’ compensation claim.
Higher workers’ compensation rates –38 to 50% of all workers’ compensation claims are related to substance abuse. Higher Medical Costs — Substance abusers are three times more likely to use medical benefits than other employees.
Higher employee theft — 80% of drug users steal from their workplaces to support their drug use. Workplace Violence — Substance abuse is the third leading cause of workplace violence.
Substance Abuse is Costing Pennsylvania — About $10 billion a year
(from Drug Free Pennsylvania)
The Driver License Compact (DLC) is a compact among 43 member states to maximize law enforcement efforts nationwide. Serious offenses such as drunk driving, vehicular manslaughter, any felony involving the use of a motor vehicle and failure to stop and render aid in the event of an accident, are no less serious when committed in some other state than when committed in the motorist’s home state.
If a person is convicted of a traffic offense in a DLC member state the DLC member state is required to report the conviction to the motorist’s home state.
The Pennsylvania Department of Transportation has been a member of the DLC since January 1, 1995 and was implemented in two phases. In the first phase the Bureau of Driver Licensing was receiving and imposing sanctions against PA motorists convicted in member states for: 1) manslaughter or negligent homicide; 2) driving under the influence; 3) conviction of a felony in which a motor vehicle was used; 4) failure to stop and render aid in an accident resulting in death or personal injury.
Phase two, which began in early 1996, included the receiving and processing of “minor ” offenses such as speeding, red light and stop sign violations.
The three main objectives of the DLC are the implementation of a “one license concept,” implementation of the “one record concept,” and to insure uniform and predictable treatment of drivers regardless of state of residence.
The main goals of the Driver License compact are:
to prevent individual drivers from obtaining multiple driver licenses and to prevent the use of multiple licenses to retain driving privileges while under suspension or revocation in other states;
to insure that an individual’s entire driving record, including offenses in all states in which the individual has driven, is used to determine their driving eligibility in the home jurisdiction and all other states; and
to insure uniform and predictable treatment of drivers convicted of serious traffic offenses wherever the offense and conviction occurs.
Member states of the DLC are:
Alabama
Arizona
Arkansas
Colorado
Connecticut
Delaware
District of Columbia
Florida
Hawaii
Idaho
Illinois
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
Indiana
Iowa
Kansas
Louisiana
Maine
Maryland
Minnesota
Mississippi
Missouri
Nebraska
Nevada
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming
