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

Crimes Code

Section 6307 Misrepresentation of Age to Secure Liquor or Malt or Brewed Beverages

Section 6308 Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages

Section 6309 Representing that Minor is of Age

Section 6310 Inducement of Minors to Buy Liquor or Malt or Brewed Beverages

Section 6310.1 Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors

Section 6310.2 Manufacture or Sale of False Identification Card

Section 6310.3 Carrying a False Identification Card

Section 6310.4 Restriction of Operating Privileges

Section 6310.5 Predisposition Evaluation

Section 6310.6 Definitions

Section 6310.7 Selling or Furnishing Nonalcoholic Beverages to Persons Under 21 Years of Age

Section 6313 Special Information

Section 7508.1 Substance Abuse Education and Demand Reduction Fund

 

Vehicle Code

Section 1518 Reports on mental or physical disabilities or disorders

Section 1519 Determination of incompetency

Section 1532 Suspension of Operating Privilege

Section 1533 Suspension of operating privilege for failure to respond to citation

Section 1534 Notice of acceptance of Accelerated Rehabilitative Disposition

Section 1539 Suspension of operating privilege on accumulation of points

Section 1541 Period of disqualification, revocation or suspension of operating privilege

Section 1542 Revocation of habitual offender’s license

Section 1543 Driving while operating privilege is suspended or revoked

Section 1545 Restoration of operating privilege

Section 1546 Suspension or revocation of nonresident’s operating privilege

Section 1547 Chemical testing to determine amount of alcohol or controlled substance.
Section 1548 Requirements for driving under influence offenders

Section 1549 Establishment of schools

Section 1552 Accelerated Rehabilitative Disposition

Section 1553 Occupational limited license

Section 1554 Probationary license

Section 1573 Displaying a foreign license during suspension or revocation

Section 1574 Permitting unauthorized person to drive

Section 1575 Permitting violation of title
Section 1611 Disqualification

Section 1612 Commercial and school vehicle drivers prohibited from operating with any alcohol in system

Section 1613 Implied consent requirements for commercial motor vehicle drivers

Section 1614 Notification of traffic convictions

Section 1615 Authority to enter agreements

Section 1724 Certain nonexcludable conditions

Section 3550 Pedestrians under influence of alcohol or controlled substance

Section 3718 Minor prohibited from operating with any alcohol in system

Section 3719 Passengers in open trucks

Section 3731 Driving under influence of alcohol or controlled substance – Repealed – Effective 2/1/04

Section 3732 Homicide by vehicle

Section 3733 Fleeing or attempting to elude police officer

Section 3734 Driving without lights to avoid identification or arrest

Section 3735 Homicide by vehicle while driving under influence

Section 3735.1 Aggravated assault by vehicle while driving under the influence

Section 3736 Reckless Driving

Section 3742 Accidents involving death or personal injury

Section 3742.1 Accidents involving death or personal injury while not properly licensed

Section 3743 Accidents involving damage to attended vehicle or property

Section 3744 Duty to give information and render aid

Section 3745 Accidents involving damage to unattended vehicle or property

Section 3746 Immediate notice of accident to police department

Section 3748 False reports

Section 3749 Reports by coroners and medical examiners

Section 3755 Reports by emergency room personnel

CHAPTER 38 – Driving After Imbibing Alcohol or Utilizing Drugs
Section 3801 Definitions
Section 3802 Driving under influence of alcohol or controlled substance
Section 3803 Grading
Section 3804 Penalties
Section 3805 Ignition interlock
Section 3806 Prior offenses
Section 3807 Accelerated Rehabilitative Disposition
Section 3808 Illegally operating a motor vehicle not equipped with ignition interlock
Section 3809 Restriction on alcoholic beverages
Section 3810 Authorized use not a defense
Section 3811 Certain arrests authorized
Section 3812 Preliminary hearing or arraignment
Section 3813 Work release
Section 3814 Drug and alcohol assessments
Section 3815 Mandatory sentencing
Section 3816 Requirements for driving under influence offenders
Section 3817 Reporting requirements for offenses
Section 6323 Reports by courts
Section 6343 Pursuit records
Section 6501 Definition of conviction
Section 6502 Summary offenses
Section 6503 Subsequent convictions of certain offenses
Section 6503.1 Habitual offenders
Section 6504 Inability to pay fine and costs
Section 6506 Surcharge
Section 7726 Operation in safe manner

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 the 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.

2008 TOP GUN AWARD Winners

In 2008 the following municipal police officers were selected from Pennsylvania:
Patrol Officer Ritchie Blymier, York City Police Department
Officer Michael Carpenter, Wrightsville Borough Police Department
Officer Warren S. Cornelious, Camp Hill Borough Police Department
Patrol Officer Stephen Curley, Upper Moreland Township Police Department
Lt. Daniel Duffy, Scranton Police Department
DCNR Ranger Gregory Eitner, PA DCNR – Dept. of Forestry
Officer Budd Frankenfield, III, Salisbury Township Police Department
Officer Justin Golder, Hellam Township Police Department
Officer Russell Hittle, Tredyffrin Township Police Department
Patrolman Scott Kercher, Rosslyn Farms Boro Police Department
Patrolman Robert Kraw czyk, Roaring Brook Township Police Department
Officer Gary Krek, Baldwin Town ship Police Department
Patrolman Guy Kuzak, Cecil Township Police Department
Patrolman Scott Ledo, Walnutport Borough Police Department
Lt. Andrew Lisiecki, City of Pittsburgh Police Department
Patrolman Joshua Mallery, Quakertown Borough Police Department
Patrolman Jason Nothstein, Walnutport Borough Police Department
Patrolman Robert Olecki Jr. Scranton Police Department
Patrolman Robert Ressler, West Shore Regional Police Department
Officer Michael Schiffhauer, York Area Regional Police Department
Officer William Stickler, Annville Township Police Department
Patrolman Juan Terry, City of Pittsburgh Police Department
Officer Ron Wolfe, City of Pittsburgh Police Department

In 2008 the following state police officers were selected from Pennsylvania:
Trooper Michael Brandtonies, Pennsylvania State Police Troop H Carlisle
Trooper Creighton Callas, Pennsylvania State Police Troop B Uniontown
Trooper Jason Churney, Pennsylvania State Police Troop B Uniontown
Trooper Frank Cichra, Pennsyalvania State Police Troop D Butler
Trooper Craig Finkle, Pennsylvania State Police Troop H Chambersburg
Trooper Jeffrey Flowers, Pennsylvania State Police Troop A Somerset
Trooper Jeremiah George, Pennsylvania State Police Tr oop A Indiana
Trooper Martin Gonglik, Pennsylvania State Police Troop B Washington
Trooper Joseph Harper, Pennsylvania State Police Troop J Lancaster
Tfc. Eric Miller, Pennsylvania State Police Troop D Mercer
Trooper Joshua Miller, Pennsylvania State Police Troop N Swiftwater
Trooper Peter Minko, Pennsylvania State Police Troop J Lancaster
Trooper Christopher Nacios, Pennsylvania State Police Troop M Trevose
Trooper Samuel Nassan, Pennsylvania State Police Troop B Pittsburgh
Trooper Matthew Nickey, Pennsylvania State Police Troop H Gettysburg
Corporal Shawn Noonan, Pennsylvania State Police Troop N Hazleton
Trooper Jeffrey Ogrodowski, jr., Pennsylvania State Police Troop B Washington
Sgt. William Palmero, Pennsylvania State Police Troop H Carlisle
Trooper David Pezzano, Pennsylvania State P olice Troop K Skippack
Trooper Bryan Schutz, Pennsylvania State Police Troop B Pittsburgh
Trooper Scott Smith, Pennsylvania State Police Troop A Indiana
Trooper Adam Thomas, Pennsylvania State Police Troop H Carlisle
Trooper Jeffrey Wirth, Pennsylvania State Police Troop B Belle Vernon
Trooper Eric Zona, Pennsylvania State Police Troop B Belle Vernon

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