TITLE 75

VEHICLE CODE

Section 1518.  Reports on mental or physical disabilities or disorders.

(a)  Definition of disorders and disabilities. – The Medical Advisory Board shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this section.

(b)  Reports by medical personnel. – All physicians and other persons authorized to diagnose or treat disorders and disabilities defined by the Medical Advisory Board shall report to the department, in writing, the full name, date of birth and address of every person over 15 years of age diagnosed as having any specified disorder or disability within ten days.

(c)  Responsibility of institution heads. – The person in charge of every mental hospital, institution or clinic, or any alcohol or drug treatment facility, shall be responsible to assure that reports are filed in accordance with subsection (b).

(d)  Confidentiality of reports. – The reports required by this section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this Commonwealth.

(e)  Use of report as evidence. – No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial except in any proceeding under section 1519(c) (relating to determination of incompetency).

(f)  Immunity from civil and criminal liability. – No civil or criminal action may be brought against any person or agency for providing the information required under this system.

 

Section 1519.  Determination of incompetency.

(a)  General rule. – The department, having cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, may require the applicant or driver to undergo one or more of the examinations authorized under this subchapter in order to determine the competency of the person to drive. The department may require the person to be examined by a physician or a licensed psychologist designated by the department, or may require the person to undergo an examination by a physician or a licensed psychologist of the person’s choice. If the department designates the physician or licensed psychologist, the licensed driver or applicant may, in addition, cause a written report to be forwarded to the department by a physician or a licensed psychologist of the driver’s or applicant’s choice. Vision qualifications may be determined by an optometrist or ophthalmologist. The department shall appoint one or more qualified persons who shall consider all medical reports and testimony in order to determine the competency of the driver or the applicant to drive.

(b)  Confidentiality of reports and evidence. – Reports received by the department for the purpose of assisting the department in determining whether a person is qualified to be licensed and reports of examinations authorized under this subchapter are for the confidential use of the department and may not be divulged to any person or used as evidence in any trial except that the reports and statistics and evaluations used by the department in determining whether a person should be required to be examined under this subchapter shall be admitted in proceedings under section 1550 (relating to judicial review).

(c) Recall or suspension of operating privilege. – The department shall recall the operating privilege of any person whose incompetency has been established under the provisions of this chapter. The recall shall be for an indefinite period until satisfactory evidence is presented to the department in accordance with regulations to establish that such person is competent to drive a motor vehicle. The department shall suspend the operating privilege of any person who refuses or fails to comply with the requirements of this section until that person does comply and that person’s competency to drive is established. Any person aggrieved by recall or suspension of the operating privilege may appeal in the manner provided in section 1550. The judicial review shall be limited to whether the person is competent to drive in accordance with the provisions of the regulations promulgated under section 1517 (relating to Medical Advisory Board).

Section 1532. Suspension of Operating Privilege.

(a)        One Year suspension. ‑ The department shall suspend the operating privilege of any driver for one year upon receiving a certified record of the driver’s conviction of or an adjudication of delinquency based on any of the following offenses:

(1)   Any felony in the commission of which a court determines that a vehicle was essentially involved.

(2)  (deleted)

(3)  Any violation of the following provisions:

Section 3735.1 (relating to aggravated assault by vehicle while driving under the influence).

Section 3742 (relating to accidents involving death or personal injury).

Section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).

Section 7111 (relating to dealing in titles and plates for stolen vehicles).

Section 7121 (relating to false application for certificate of title or registration).

Section 7122 (relating to altered, forged or counterfeit documents and plates).

(a.1)  Three-year suspension.—The department shall suspend the operating privilege of any driver for three years upon receiving a certified record of the driver’s conviction of or and adjudication of delinquency based on a violation of any of the following offenses:

(1)    Any violation of section 3732 (relating to homicide by vehicle).

(2)       Any violation of section 3735 (relating to homicide by vehicle while driving under influence).

(b)            Suspension. –

(1)   The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver’s conviction of or an adjudication of delinquency based on any offense under the following provisions:

Section 3367 (relating to racing on highways).

Section 3734 (relating to driving without lights to avoid identification or arrest).

Section 3736 (relating to reckless driving).

Section 3743 (relating to accidents involving damage to attended vehicle or property).

(2)   The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver’s conviction of a subsequent offense under section 501(a) (relating to drivers required to be licensed) if the prior offense occurred within five years of the violation date of the subsequent offense.

(3)   The department shall suspend the operating privilege of any driver for 12 months upon receiving a certified record of the driver’s conviction of section  3733 (relating to fleeing or attempting to elude police officer), or substantially similar offenses reported to the department under Article III of section 1581 (relating to Driver’s License Compact), or an adjudication of delinquency based on section 3733. The department shall suspend the operating privilege of any 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 3733.

(4)   The department shall suspend the operating privilege of any driver for three months upon receiving a certified record of the driver’s conviction of section 1371 (relating to operation following suspension of registration) or 3718 (relating to minor prohibited from operating with any alcohol in system) or an adjudication of delinquency based on section 1371.

(c) Suspension. ‑ The department shall suspend the operating privilege of any person upon receiving a certified record of the person’s conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any  controlled substance under the laws of the United States, this Commonwealth or any other state.

(1)   The period of suspension shall be as follows:

(i)      For a first offense, a period of six months from the date of the suspension.

(ii)      For a second offense, a period of one year from the date of the suspension.

(iii)  For a third and any subsequent offense thereafter, a period of two years from the date of the suspension.

(2) For the purposes of this subsection, the term “conviction” shall include any conviction or adjudication of delinquency for any of the offenses listed in paragraph (1), whether in this Commonwealth or any other Federal or state court.

(d) Additional suspension. ‑ The department shall suspend the operating privilege of any person upon receiving a certified record of the driver’s conviction, adjudication of delinquency or admission into a preadjudication program for a violation under 18 Pa. C.S. section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card). The duration of the suspension shall be as follows:

(1)   For a first offense, the department shall impose a suspension for a period of 90 days.

(2)   For a second offense, the department shall impose a suspension for a period of one year.

(3)   For a third and subsequent offense, the department shall impose a suspension for a period of two years. Any multiple suspensions imposed shall be served consecutively.

Courts may certify the conviction, adjudication of delinquency or admission into the preadjudication program on the same form used to submit the order of suspension required under the provisions of 18 Pa.C.S. section 6310.4 (relating to restriction of operating privileges). Wherever practicable, the suspension imposed under this section shall be made concurrent with the suspension imposed under the provisions of 18 Pa.C.S. section 6310.4. All offenses committed on or after May 23, 1988, shall be included in considering whether an offense is a first, second, third or subsequent offense.

 

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

(a)  Violations within Commonwealth. – The department shall suspend the operating privilege of any person who has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine or costs imposed by an issuing authority or such courts for any violation of this title, other than parking, upon being duly notified by an issuing authority or a court of this Commonwealth.

(b)  Violations outside Commonwealth. – The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. A person who provides proof, satisfactory to the department that the full amount of the fine and costs had been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection.

(c)  Time for responding to notice. – At least 15 days before an issuing authority or court notifies the department to impose a suspension pursuant to subsection (a), the issuing authority or court shall notify the person in writing of the requirement to respond to the citation and pay all fines and penalties imposed by the issuing authority or court.

(d)  Period of suspension. – The suspension shall continue until such person shall respond to the citation, summons or writ, as the case may be, and pay all fines and penalties imposed or enter into an agreement to make installment payments for the fines and penalties imposed. The suspension may be reimposed by the department if the defendant fails to make regular installment payments and, if applicable, pay the fee prescribed in section 1960 (relating to reinstatement of operating privilege or vehicle registration).

(e)  Remedy cumulative. – A suspension under this section shall be in addition to the requirement of withholding renewal or reinstatement of a violator’s driver’s license as prescribed in section 1503(a) (relating to persons ineligible for licensing; license issuance to minors; junior driver’s license).

(f)  Admissibility of documents. – A copy of a document issued by a court or issuing authority of this Commonwealth or by an official of another state shall be admissible for the purpose of proving a violation of this section. 

Section 1534.  Notice of acceptance of Accelerated Rehabilitative Disposition.

(a)  General rule. – Except as provided in subsection (b), if a person is arrested for any offense enumerated in section 1532 (relating to revocation or suspension of operating privilege) and is offered and accepts Accelerated Rehabilitative Disposition under general rules, the court shall promptly notify the department.

(b)  Exception. – If a person is arrested for any offense enumerated in section 3802 (relating to driving under influence of alcohol or controlled substance) and is offered and accepts Accelerated Rehabilitative Disposition under general rules, the court shall promptly notify the department. The department shall maintain a record of the acceptance of Accelerated Rehabilitative Disposition for a period of ten years from the date of notification. This record shall not be expunged by order of court.

(c)  Expungement.–Immediately following the expiration of the ten-year period, the department shall expunge the record of the acceptance of Accelerated Rehabilitative Disposition. The Department shall not require an order of court to expunge the record.

(d) Exceptions to expungement.–The department shall not be required to expunge the record of acceptance of Accelerated Rehabilitative Disposition if:

(1)    during the ten-year period, the department revokes the operating privileges of a person pursuant to section 1542 (relating to revocation of habitual offender’s license); or

(2)    the person was a commercial driver at the time of the violation causing the disposition.

 

Section 1539.  Suspension of operating privilege on accumulation of points.

(a)  General rule. – When any person’s record shows an accumulation of 11 points or more, the department shall suspend the operating privilege of the person as provided in subsection (b).

(b)  Duration of suspension. – The first suspension shall be for a period of 5 days for each point, the second suspension shall be for a period of 10 days for each point, the third suspension shall be for a period of 15 days for each point and any subsequent suspension shall be for a period of one year.

(c)  Determination of subsequent suspensions. – Every suspension and revocation under any provision of this subchapter shall be counted in determining whether a suspension is a second, third or subsequent suspension. Acceptance of Accelerative Rehabilitative Disposition for an offense enumerated in section 1532 (relating to revocation or suspension of operating privilege) or  3802 (relating to driving under influence of alcohol or controlled substance) shall be considered a suspension in making such determination.

(d)  Section not exclusive. – Suspension under this section is in addition to any suspension mandated under section 1535 (relating to schedule of convictions and points).

 

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

(a)  Commencement of period. – The period of disqualification, revocation or suspension of the operating privilege or the disqualification of the commercial operating privilege shall commence as provided for in section 1540 (relating to surrender of license). No credit toward the revocation, suspension or disqualification shall be earned until the driver’s license is surrendered to the department, a court or a district attorney, as the case may be. A nonresident licensed driver or an unlicensed individual, including a driver whose license has expired, shall submit an acknowledgment of suspension or revocation to the department in lieu of a driver’s license, except for the suspension of the operating privilege of an unlicensed individual under 16 years of age, in which case the suspension shall commence automatically upon the individual’s 16th birthday for the specified period if an acknowledgment is received any time prior to the individual’s 16th birthday. If a licensed driver is not in possession of his driver’s license, no credit toward the disqualification, revocation or suspension shall be earned until a sworn affidavit or a form prescribed by the department is surrendered to the department swearing that the driver is not in possession of his driver’s license. Such credit shall be rescinded if it is later determined that the driver was untruthful in the affidavit. Credit shall also be revoked if a person surrenders a duplicate license and it is later determined that the person was still in possession of an earlier issued, unexpired license. The department may, upon request of the person whose license is suspended or disqualified, delay the commencement of the period of suspension or disqualification for a period not exceeding six months whenever the department determines that failure to grant the extension will result in hardship to the person whose license has been suspended or disqualified.

(a.1)  Credit toward serving period of suspension for certain violations. – Credit toward serving the period of suspension or revocation imposed for sections 1543 (b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3732 (relating to homicide by vehicle), 3735 (relating to homicide by vehicle while driving under the influence) 3735.1 (relating to aggravated assault by vehicle while driving under the influence), and 3802 (relating to driving under influence of alcohol or controlled substance) and 3803 (a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall not commence until the date of the person’s release from prison.

(b)  Eligibility for restoration of operating privilege. –  Any person whose operating privilege has been revoked or suspended shall not be eligible for the restoration of the operating privilege until the expiration of the period of revocation or suspension.

(c)  Restoration of revoked operating privilege. – Any person whose operating privilege has been revoked pursuant to section 1542 (relating to revocation of habitual offender’s license) or 1543  is not entitled to automatic restoration of the operating privilege. Such person may apply for a learner’s permit, if permitted under the provisions of this chapter upon expiration of the revocation.

(d)  Continued suspension of operating privilege. – A defendant ordered by the court under section 3816 (relating to requirements for driving under influence offenders), as the result of a conviction or Accelerated Rehabilitative Disposition of a violation of section 3802, to attend a treatment program for alcohol or drug addiction must successfully complete all requirements of the treatment program ordered by the court before the defendant’s operating privilege may be restored. Successful completion of a treatment program includes the payment of all court-imposed fines and costs, as well as fees to be paid to the treatment program by the defendant. If a defendant fails to successfully complete the requirements of a treatment program, the suspension shall remain in effect until the defendant completes the program and is otherwise eligible for restoration of his operating privilege. The treatment agency shall immediately notify the court of successful completion of the treatment program. The final decision as to whether a defendant has successfully completed the treatment program rests with the court.

 

Section 1542.  Revocation of habitual offender’s license.

(a)  General rule. – The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A “habitual offender” shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b) committed after the effective date of this title and within any period of five years thereafter.

(b)  Offenses enumerated. – Three convictions arising from separate acts of any one or more of the following offenses committed by any person shall result in such person being designated as a habitual offender:

(1)   Any violation of Subchapter B of Chapter 37 (relating to serious traffic       offenses).

(1.1)         Any violation of Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs) except for sections 3808 (a) (1) and (b) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and 3809 (relating to restriction on alcoholic beverages).

(1.2) Any violation of section 1543 (b) (1.1) (relating to driving while operating privilege is suspended or revoked.

(2)  Any violation of section 3367 (relating to racing on highways).

(3)   Any violation of section 3742 (relating to accidents involving death or personal injury).

(3.1) Any violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).

(4)   Any violation of section 3743 (relating to accidents involving damage to            attended vehicle or property).

(c)  Accelerative Rehabilitative Disposition as an offense. – Acceptance of Accelerative Rehabilitative Disposition for any offense enumerated in subsection (b) shall be considered an offense for the purposes of this section.

(d)  Period of revocation. – The operating privilege of any person found to be a habitual offender under the provisions of this section shall be revoked by the department for a period of five years.

(e)  Additional offenses. – Each additional offense committed within a period of five years, as measured from the date of any previous offense, shall result in a revocation for an additional period of two years.

Section 1543.  Driving while operating privilege is suspended or revoked.

(a)  Offense defined. – Except as provided in subsection (b), any person who drives a motor vehicle on any highway or traffic way 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.

(b)  Certain offenses. –

(1)    A person who drives a motor vehicle on a highway or traffic way 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 section 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..

(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 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 traffic way 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 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 3803 pr 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.

(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 that six months.

(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 that two years.

(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 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.

(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:

(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.

(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.

 

Section 1545.  Restoration of operating privilege.

Upon the restoration of any person’s operating privilege which has been suspended or revoked pursuant to this subchapter or pursuant to Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs), such person’s record shall show five points, except that any additional points assessed against the person since the date of the last violation resulting in the suspension or revocation shall be added to such five points unless the person has served an additional period of suspension or revocation pursuant to section 1544(a) (relating to additional period of revocation or suspension). This section shall not apply to section 1533 (relating to suspension of operating privilege for failure to respond to citation) or to 18 Pa.C.S. §6310.4 (relating to restriction of operating privileges).

 

Section 1546.  Suspension or revocation of nonresident’s operating privilege.

(a)  General rule. – The privilege of driving a motor vehicle on the highways of this Commonwealth given to a nonresident shall be subject to suspension or revocation by the department in like manner and for like cause as a resident’s operating privilege.

(b)  Transmitting department action to state of residence. – When a nonresident’s operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides if there is a reciprocity agreement with the other state.

 

Section 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 section1543 (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 sub-clause (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 the person’s operating privilege will be suspended upon refusal to submit to chemical testing.

(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.

(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.

(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.

(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.”

(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.

(3)       Chemical tests of blood or urine, if conducted by a facility located outside this Commonwealth, shall be performed:

(i)                  by a facility licensed and approved by the Department of Health for this purpose; or

(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)

(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 (3) or 3808 (a) (2).

 

1547 (d) has been repealed – effective February 1, 2004

(d)  Presumptions from amount of alcohol. – If chemical testing of a person’s breathe, blood or urine shows:

(1)   That the amount of alcohol by weight in the blood of an adult is 0.05% or less, it shall be presumed that the adult was not under the influence of alcohol and the adult shall not be charged with any violation under section 3731(a)(1), (4) or (5) (relating to driving under influence of alcohol or controlled substance), or, if the adult was so charged prior to the test, the charge shall be void ab initio. This fact shall not give rise to any presumption concerning a violation of section 3731(a)(2) or (3) or (i).

(2)   That the amount of alcohol by weight in the blood of an adult is in excess of 0.05% but less than 0.08%, this fact shall not give rise to any presumption that the adult was or was not under the influence of alcohol, but this fact may be considered with other competent evidence in determining whether the adult was or was not under the influence of alcohol. This provision shall not negate the provisions of section 3731(i).

(3)  That the amount of alcohol by weight in the blood:

(i)         of an adult is 0.08% or more; or

(ii)        of a minor is 0.02% or more.

 

(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.

(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.

Note the provision for using out of state labs to test blood breath or urine is effective December 3rd2002.

Section 1548.  Requirements for driving under influence offenders.

(a)  Repealed

(b)  Repealed

(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.

(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 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 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) (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.

(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 section 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.

a.       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.

b.      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 record keeping 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.

 

Section 1549.  Establishment of schools.

(a)  Driver improvement schools. – The department is authorized to establish and maintain driver improvement schools throughout this Commonwealth. The department may approve and conduct an annual review of the course material for the schools. The curriculum to be presented must be uniform throughout this Commonwealth. All instructors shall be properly certified by the department after the completion of a course of instruction approved by the department.

(b)  Alcohol highway safety schools. –

(1) Each county, multi-county judicial district or group of counties combined under one program shall, in compliance with regulations of the department and the Department of Health, establish and maintain a course of instruction on the problems of alcohol and driving. The time during which the course is offered shall accommodate persons’ work schedules, including weekend and evening times.

(2) These regulations shall include, but not be limited to, a uniform curriculum for the course of instruction, training and certification requirements for instructors and provision for the giving of both oral and written notice of the provisions of section 1543 (b) (relating to driving while operating privilege is suspended or revoked) to all program participants.

 

Section 1552.  Accelerated Rehabilitative Disposition.

The court of common pleas in each judicial district and the Municipal Court of Philadelphia shall establish and implement a program for Accelerated Rehabilitative Disposition for persons charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) in accordance with the provisions of this chapter and rules adopted by the Supreme Court.

 

Section 1553.  Occupational limited license.

(a)        Issuance.-

(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:

(A)  a suspension for failure to respond to a citation imposed under 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); or

(C)  a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b).

(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.

(d)  Unauthorized issuance. – The department shall prohibit issuance of an occupational limited license to:

(1)  A driver who is not licensed to drive by this or any other state.

(2)   Any person who is required by this title to take an examination and who has failed to take and pass such an examination.

(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.

(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).

(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.

(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.

(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.

(8)  Except as set forth in subsection (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.

(9)   Except as set forth in subsection (d.3), any person whose operating privilege has been suspended for a violation of 18 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.

(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 revocation or suspension of operating privilege), unless the suspension imposed has been fully served.

(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).

Section 3733 (relating to fleeing or attempting to elude police officer).

Section 3734 (relating to driving without lights to avoid identification or

arrest).

Section 3736 (relating to reckless driving).

Section 3742 (relating to accidents involving death or personal injury).

Section 3743 (relating to accidents involving damage to attended vehicle or

property).

(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 (relating to school, examination or hearing on accumulation of points or excessive speeding).

(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 (relating to definitions) 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.

(f)  Restrictions. – A driver who has been issued an occupational limited license shall observe the following:

(1)   The driver shall operate a designated vehicle only:

(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.

(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).

(2)   A driver who has been issued an occupational limited license shall not operate a school bus.

(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.

(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.

(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).

 

Section 1554.  Probationary license.

(a)  Issuance. – Unless otherwise prohibited under any other provision in this section, the department may issue a probationary license under this section to:

(1)   a person who has been designated as a habitual offender under section 1542 (relating to revocation of habitual offender’s license) and whose operating privilege has been revoked; or

(2)   a person with an accumulation of suspensions or revocations wherein the cumulative term of suspension or revocation is five or more years.

The department may issue a probationary license for the operation of only a Class C noncommercial motor vehicle.

(b)  Petition. –

(1)   An applicant for a probationary 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 vehicles the petitioner seeks permission to operate. The petition shall include the operator’s name, address and operator number, and proof of financial responsibility. The department may require additional information as well as verification of the information contained in the petition. All fines, costs and restoration fees must be paid at the time of the petition.

(2)   Before being eligible to petition for a probationary license, a person must have served and earned credit toward serving the following terms of suspension or revocation for offenses enumerated in sections 1532 (relating to revocation or suspension of operating privilege), 1539 (relating to suspension of operating privilege on accumulation of points) and 1543 (relating to driving while operating privilege is suspended or revoked):

(i)    A person with one to seven offenses must have earned credit for at least a three-year term of suspension or revocation.

(ii)   A person with 8 to 14 offenses must have earned credit for at least a four-year term of suspension or revocation.

(iii)  A person with 15 to 21 offenses must have earned credit for at least a five-year term of suspension or revocation.

(iv)  A person with 22 or more offenses must have earned credit for at least a six-year term of suspension or revocation.

(3)   The applicant must prove to the satisfaction of the department that the applicant has not driven a motor vehicle during the minimum period of suspension or revocation.

(c)  Fee. – The fee for applying for a probationary license shall be $25. The fee shall be nonrefundable. The annual fee for issuance of a probationary license shall be $50, plus the cost of the photograph required in section 1510(a) (relating to issuance and content of driver’s license), which shall be in addition to all other licensing fees.

(d)  Initial issuance. –

(1)   Prior to issuance of a probationary license, the petitioner must be interviewed at a departmental review session.

(2)   The department may require the petitioner to satisfactorily complete one or more of the following:

(i)    A driver improvement program, the cost of the program to be borne by the petitioner.

(ii)   Any examination as provided for in section 1508 (relating to examination of applicant for driver’s license).

(iii)  A special examination that addresses knowledge of safe driving practices, departmental sanctions and related safety issues.

(3)   The probationary license shall be issued only upon recommendation of the department.

(4)   If the applicant recommended for a probationary license is not licensed to drive in this or any other state, the licensee shall not immediately be issued a probationary license.  The applicant shall be permitted to apply for a Class C learner’s permit under the provisions of section 1505 (a) (relating to learners’ permits).  Thirty days after the issuance of the learner’s permit, the applicant shall be eligible to test for a driver’s license under the provisions of section 1508(a).  If the applicant successfully passes all the required examinations, the department then may issue a probationary license to the applicant.

(e)            Renewal. – The department may require a probationary license holder to attend a departmental review session and to satisfactorily complete a driver improvement program or special examination preceding renewal of the probationary license.

(f)  Unauthorized issuance. – The department shall not issue a probationary license to:

(1)   A person who has not fully served a minimum term of suspension or revocation under the provisions of subsection (b)(2).

(2)   Except as provided in subsection (d)(4), a person who is not licensed to drive by this or any other state.

(3)   A person whose operating privilege is currently suspended under section 1533 (relating to suspension of operating privilege for failure to respond to citation) or 6146 (relating to enforcement agreements).

(4)   A person who has not satisfactorily completed a driver improvement course or special examination or who has not attended a hearing required under section 1538 (relating to school, examination or hearing on accumulation of points or excessive speeding).

(5)   A person against whom there is an unsatisfied judgment resulting from the operation of a motor vehicle, until the 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 the person has been established.

(6)  (Repealed.)

(7)  A person who has previously been issued a probationary license.

(8)   A person who has been convicted of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or former section 3731, within the preceding seven years.

(9)   A person who has been suspended for refusal to submit to chemical testing to determine the amount of alcohol or controlled substance within the preceding seven years.

(10) A person who has been granted Accelerated Rehabilitative Disposition for the offense of driving under the influence of alcohol or a controlled substance within the preceding seven years.

(11) A person who has ever been convicted of a violation of section 3732 (relating to homicide by vehicle) or 3735 (relating to homicide by vehicle while driving under influence).

(12) A person convicted of a violation of section 1543(b) within the preceding seven years.

(13) A person who has been convicted of a violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed) within the preceding seven years.

(14) A person who has been convicted of a violation of section 3735.1 (relating to aggravated assault by vehicle while Driving under the influence) within the preceding seven years.

(g)  Offenses or violations committed during a period for which a probationary license has been issued. –

(1)   If a person who has been issued a probationary license is convicted of any of the offenses enumerated in section 1535 (relating to schedule of convictions and points), the probationary license shall be recalled for 30 days for each point accumulated, and the person shall surrender the probationary license to the department or its agents designated under the authority of section 1540 (relating to surrender of license).

(2)   If a person who has been issued a probationary license is convicted, adjudicated delinquent or admitted to any preadjudication program for an offense for which the penalty is suspension, cancellation, disqualification or revocation of the operating privilege, or if the department receives a report that the person has refused to submit to chemical testing as required by section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or a report that the driver has been granted a consent decree or Accelerated Rehabilitative Disposition, the probationary license shall be canceled, and the person shall surrender the probationary license to the department or its agents designated under the authority of section 1540.

(h)  Restrictions on use of probationary license. –

(1)   For the first three years after initial issuance of a probationary license, the person who has been issued the probationary license shall operate only the specific motor vehicles identified in the petition filed with the department and only between the hours of 6 a.m. and 7 p.m. or such later hour as may be agreed to by the department.

(2)   Any person who violates the conditions of issuance or restrictions of a probationary license commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500, and the department shall recall the probationary license for a period of one year.

(i)  Term of license. – A probationary license shall be valid for a period of one year from the date of issuance. If the driver has complied with the provisions of this section, the license may be renewed on an annual basis.

(j)  Appeal from cancellation, denial or recall of probationary license. –

(1)   A person who is denied a probationary license or whose probationary license is canceled or recalled may file with the department a petition for a hearing.

(2)   The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(3)   The department may charge a reasonable fee based on the cost to the department for the hearing.

(4)   The appeal shall not operate as an automatic supersedeas. If the administrative hearing officer orders a supersedeas, the petitioner shall earn no credit towards serving the suspension for which the petitioner was granted a probationary license.

(5)   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). Such appeals 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).

(k)  Limitation. – A person to whom a probationary license is issued for six consecutive years shall be eligible to apply for a regular driver’s license at the fee prescribed by section 1951(a) (relating to driver’s license and learner’s permit) upon satisfactory completion of the sixth year of the probationary license.

 

Section 1573.  Displaying a foreign license during suspension or revocation.

(a)  Offense defined. – It is unlawful for any resident or nonresident whose operating privilege to drive a motor vehicle in this Commonwealth has been recalled, canceled, suspended, revoked or disqualified as provided in this title to display a license or permit issued by any other jurisdiction or otherwise during the suspension or after the recall, cancellation, revocation or disqualification until the individual’s operating privilege has been restored by the department.

(b)  Display of regular license. –

(1)   A resident of this Commonwealth who holds a commercial driver’s license issued by this Commonwealth under Chapter 16 (relating to commercial drivers) shall be permitted to display a regular driver’s license issued by the department in the event that the resident’s commercial driver’s license is disqualified.

(2)   A nonresident who holds a commercial driver’s license issued by a state other than this Commonwealth shall be permitted to display a regular driver’s license issued by that person’s state of residence in the event that the nonresident’s commercial driver’s license is disqualified.

(3)   A nonresident who holds a nonresident commercial driver’s license issued by this Commonwealth under Chapter 16 shall be permitted to display a regular driver’s license issued by the nonresident’s country in the event that the person’s nonresident commercial driver’s license is disqualified.

(c)  Penalty. – Any person violating the provisions of this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200. This penalty shall be in addition to any other penalties imposed under this title.

 

Section 1574.  Permitting unauthorized person to drive.

(a)  General rule. – No person shall authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicle to be driven.

(b)  Penalty. – Any person violating the provisions of subsection (a) is guilty of a summary offense and shall be jointly and severally liable with the driver for any damages caused by the negligence of such driver in operating the vehicle.

 

Section 1575.  Permitting violation of title.

(a)  General rule. – No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title.

(b)  Penalty. – Any person violating the provisions of subsection (a) is guilty of a summary offense and is subject to the same fine as the driver of the vehicle. If the driver is convicted under section 3735 (relating to homicide by vehicle while driving under influence) or 3802 (relating to driving under influence of alcohol or controlled substance), the person violating subsection (a) shall also be subject to suspension or revocation, as applicable, under sections 1532 (relating to revocation or suspension of operating privilege), 1542 (relating to revocation of habitual offender’s license) and 3804(e) (relating to penalties).

(c)  Indemnification. – In cases where a driver of a motor vehicle is required to conduct a pretrip safety inspection pursuant to department regulations and is subsequently convicted of one or more equipment violations under this title, the owner of the vehicle shall indemnify the driver for any fines and costs paid if the specific equipment violation was listed on the driver’s pretrip inspection report and acknowledged in writing by the owner.

 

Section 1611.  Disqualification.

(a)  Disqualification for first violation of certain offenses. – Upon receipt of a certified copy of conviction, the department shall, in addition to any other penalties imposed under this title, disqualify any person from driving a commercial motor vehicle for a period of one year for the first violation of:

(1)   Section 3802 (relating to driving under the influence of alcohol or controlled substance) or former section 3731, where the violation occurred while the person was operating a commercial motor vehicle;

(2)   Section 3742 (relating to accidents involving death or personal injury), where the violation occurred while the person was driving a commercial motor vehicle;

(3)   Section 3743 (relating to accidents involving damage to attended vehicle or property), where the violation occurred while the person was driving a commercial motor vehicle;

(4)   Section 3745 (relating to accidents involving damage to unattended vehicle or property), where the violation occurred while the person was driving a commercial motor vehicle;

(5)   Any felony in the commission of which a court determines a commercial motor vehicle was essentially involved, except as described in subsection (e); or

(6)   Section 1606(c) (relating to requirement for commercial driver’s license), while their driving privilege is suspended, revoked, canceled or recalled or while subject to disqualification or in violation of an out-of-service order.

(b)   Disqualification for offense while carrying hazardous materials. – The department shall disqualify any person from driving a commercial motor vehicle for three years if any of the offenses in subsection (a) occurred while transporting a hazardous material required to be placarded.

(c)  Disqualification for two violations of certain offenses. – The department shall disqualify for life any person convicted of two or more violations of any of the offenses specified in subsection (a), or any combination of those offenses, arising from two or more separate and distinct incidents. Only offenses committed after the effective date of this chapter may be considered in applying this subsection.

(d)  Mitigation of disqualification for life. – The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) may be reduced to a period of not less than ten years, if such reductions are permitted by Federal regulations.

(e)  Disqualification for controlled substance offenses. – The department shall disqualify any person from driving a commercial motor vehicle for life who is convicted of using a commercial motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance. There shall be no exceptions or reductions to this disqualification for life.

(f)  Disqualification for failure to have CDL. – The department shall disqualify any person from driving a commercial motor vehicle for six months upon receiving a certified record of the person’s conviction of violating section 1606(a), except as provided in section 1606(d)(6).

(g)  Disqualification for serious traffic offenses. – The department shall disqualify any person from driving a commercial motor vehicle for a period of 60 days if convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate and distinct incidents occurring within a three-year period.

(h)  Conviction in Federal court or another state. – For purposes of the provisions of this section, a copy of a certified record of conviction or a copy of a certified record of administrative adjudication from a Federal court or another state for an offense essentially similar to those offenses which would result in disqualification in this section shall be treated by the department as if the conviction had occurred in this Commonwealth.

(i)  Surrender of license. – Upon the disqualification of the commercial driving privilege of a person, the license shall be surrendered as provided in section 1540 (relating to surrender of license).

(j)  Updating driving record. – After suspending, revoking, recalling or canceling a commercial driver’s license, the department shall update its records to reflect that action. After suspending, revoking, recalling or canceling a commercial driving privilege issued by another state, the department shall notify the licensing authority of the state which issued the commercial driver’s license or nonresident commercial driver’s license.

 

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

(a)  Offense defined. – Notwithstanding any other provision of this title, a person shall not drive, operate or be in physical control of a school vehicle or commercial motor vehicle while having any alcohol in his system.

(b)   Penalty. –

(1)   A person who violates subsection (a) while driving, operating or in physical control of a commercial motor vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 (relating to implied consent requirements for commercial motor vehicle drivers) shall be placed out of service for 24 hours.

(2)   A person who violates subsection (a) while driving, operating or in physical control of a school bus or a school vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a minimum fine of $250, and for a person convicted of a second or subsequent offense the sentencing court shall order the person to pay a  fine of $500.  A person, who drives, operates or is in physical control of a school bus or a school vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 shall be placed out of service by his employer for 30 days.

 

Section 1613.  Implied consent requirements for commercial motor vehicle drivers.

(a)  Implied consent. – A person who drives a commercial motor vehicle in this Commonwealth is deemed to have given consent to take a test or tests of the person’s breathe, blood or urine for the purpose of determining the person’s alcohol concentration or the presence of other controlled substances.

(b)  Tests ordered by police officer. – A test or tests may be administered at the direction of a police officer who, after stopping or detaining the commercial motor vehicle driver, has reasonable grounds to believe that the driver was driving a commercial motor vehicle while having any alcohol in his system.

(c)  Warning against refusal. – A person requested to submit to a test as provided in subsection (a) shall be warned by the police officer requesting the test that refusal to submit to the test will result in the person’s being disqualified from operating a commercial motor vehicle under subsection (e).

(d)  Report on test refusal. – If the person refuses testing, the police officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (a) and that the person refused to submit to testing.

(e)  Disqualification for refusal. – Upon receipt of the sworn report of a police officer submitted under subsection (d), the department shall disqualify the driver from driving a commercial motor vehicle for a period of one year.

(f)  Appeal of disqualification. – Any holder of a commercial driver’s license who is disqualified under the provisions of this section from driving a commercial motor vehicle shall have the same right of appeal as provided for in cases of suspension.

 

Section 1614.  Notification of traffic convictions.

After receiving a report of the conviction of any holder of a commercial driver’s license issued by another state for violation of this chapter or Chapter 15 (relating to licensing of drivers), 17 (relating to financial responsibility), 31 (relating to general provisions), 33 (relating to rules of the road in general) or 37 (relating to miscellaneous provisions) committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction. (Added by L.1990, Act 42(8), eff. 11/1/90.)

 

Section 1615.  Authority to enter agreements.

The department may enter into or make agreements, arrangements or declarations to carry out the provisions of this chapter.

 

Section 1724.  Certain nonexcludable conditions.

(a)  General rule. – Insurance benefits may not be denied solely because the driver of the insured motor vehicle is determined to be under the influence of drugs or intoxicating beverages at the time of the accident for which benefits are sought.

(b)  Contract exclusions. – Provisions of an insurance policy which exclude insurance benefits if the insured causes a vehicular accident while under the influence of drugs or intoxicating beverages at the time of the accident are void.

 

Section 3550.  Pedestrians under influence of alcohol or controlled substance.

A pedestrian who is under the influence of alcohol or any controlled substance to a degree which renders the pedestrian a hazard shall not walk or be upon a highway except on a sidewalk.

 

Section 3718.  Minor prohibited from operating with any alcohol in system.

(a)  Offense defined. – Notwithstanding any other provision of this title, a minor shall not drive, operate or be in physical control of a motor vehicle while having any alcohol in his system.

(b)  Penalty. – A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(c)  Definitions. – As used in this section, the term “minor” means a person under 21 years of age.

 

Section 3719.  Passengers in open trucks.

(a)  General rule. – An open-bed pickup truck or open flatbed truck may not be driven at a speed of more than 35 miles per hour if any person is occupying the bed of the truck.

(b)  Children. –

(1)   Such a truck may not be driven at any speed if a child less than 18 years of age is occupying the bed of the truck or trailer.

(2)     This subsection shall not apply to:

(i)    a child of a farmer who is being transported between parts of a farm or farms owned or operated by the farmer in order to perform work on the farm or farms;

(ii)   a child possessing a valid hunting license who is being transported between a hunting camp and a hunting site or between hunting sites during hunting season;

(iii)  a child who is a participant in an officially sanctioned parade, only during the course of the parade; or

(iv)  a child employed to perform farm labor who is being transported between parts of a farm or farms owned or operated by the child’s employer or employers.

Section 3731. Repealed – effective February 1, 2004

Section 3731.  Driving under influence of alcohol or controlled substance.

(a)  Offense defined. – A person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances:

(1)   While under the influence of alcohol to a degree which renders the person incapable of safe driving.

(2)   While under the influence of any 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, to a degree which renders the person incapable of safe driving.

(3)   While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving.

(4)        While the amount of alcohol by weight in the blood of:

(i)         an adult is 0.08% or greater; or

(ii)        a minor is 0.02% or greater.

(a.1)  Prima facie evidence. –

(1)        It is prima facie evidence that:

(i)    an adult had 0.08% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of any vehicle if the amount of alcohol by weight in the blood of the person is equal to or greater than 0.08% at the time a chemical test is performed on a sample of the person’s breath, blood or urine;

(ii)   a minor had 0.02% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of any vehicle if the amount of alcohol by weight in the blood of the minor is equal to or greater than 0.02% at the time a chemical test is performed on a sample of the person’s breath, blood or urine; and

(iii)  a person operating a commercial vehicle had 0.04% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of the commercial vehicle if the amount of alcohol by weight in the blood of a person operating a commercial vehicle is equal to or greater than 0.04% at the time a chemical test is performed on a sample of the person’s breath, blood or urine.

(2)   For the purposes of this section, the chemical test of the sample of the person’s breath, blood or urine shall be from a sample obtained within three hours after the person drove, operated or was in actual physical control of the vehicle.

(b)  Authorized use not a defense. – The fact that any person charged with violating this section is or has been legally entitled to use alcohol or controlled substances is not a defense to any charge of violating this section.

(c)  Certain arrests authorized. – In addition to any other powers of arrest, a police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the police officer’s political subdivision at which the person to be arrested is found or was taken or removed to for purposes of emergency treatment examination or evaluation provided there is probable cause to believe that the violation of this section occurred within the police officer’s political subdivision.

(d)  Certain dispositions prohibited. – The attorney for the Commonwealth shall not submit a charge brought under this section for Accelerated Rehabilitative Disposition if:

(1)   the defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under this section within seven years of the date of the current offense;

(2)   the defendant committed any other act in connection with the present offense which, in the judgment of the attorney for the Commonwealth, constitutes a violation of any of the specific offenses enumerated within section 1542 (relating to revocation of habitual offender’s license); or

(3)   an accident occurred in connection with the events surrounding the current offense and any person, other than the defendant, was killed or seriously injured as a result of the accident.

(e)  Penalty. –

(1)  Any person violating any of the provisions of this section is guilty of a misdemeanor of the second degree, except that a person convicted of a third or subsequent offense is guilty of a misdemeanor of the first degree, and the sentencing court shall order the person to pay a fine of not less than $300 and serve a minimum term of imprisonment of:

(i)    Not less than 48 consecutive hours.

(ii)   Not less than 30 days if the person has previously accepted Accelerated Rehabilitative Disposition or any other form of preliminary disposition, been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act (42 Pa.C.S. §6301 et seq.) based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.

(iii)  Not less than 90 days if the person has twice previously been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.

(iv)  Not less than one year if the person has three times previously been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.

(2)   Acceptance of Accelerated Rehabilitative Disposition, an adjudication of delinquency or a consent decree under the Juvenile Act or any other form of preliminary disposition of any charge brought under this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of a violation of this section shall be considered a second, third, fourth or subsequent conviction.

(3)   The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.

(4)   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.

(5)   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.

(6)   Any person who accepts Accelerated Rehabilitative Disposition of any charge brought under this section shall accept as conditions the imposition of and the judge shall impose in addition to any other conditions all of the following:

(i)      A fee to cover the costs referred to in section 1548(e) (relating to costs).

(ii)   A mandatory suspension of operating privilege for a period of not less than one month but not more than 12 months.

(iii)  A condition that the defendant, as a condition to entering the program, make restitution to any person who incurred determinable financial loss as a result of the defendant’s actions which resulted in a charge of violating this section.

(iv)  Court supervision for any defendant required to make restitution or submit to counseling or treatment.

(v)  Court supervision for a period of not less than six months when the Court Reporting Network indicates that counseling or treatment is not necessary and not less than 12 months when the Court Reporting Network indicates that counseling or treatment is in order.

(vi)  A fee to cover the reasonable costs, if any, of a municipal corporation in connection with a charge brought under this section which results in Accelerated Rehabilitative Disposition.

(7)  Accelerated Rehabilitative Disposition or other preliminary disposition of any charge of violating this section may be revoked and the court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in general rules if the defendant:

(i)    is charged with or commits any crime enumerated in Title 18 (relating to crimes and offenses) or in section 1542 within the probationary period;

(ii)    fails to make restitution as provided for in this section;

(iii)   fails to successfully complete the alcohol highway safety school required

by section 1548(b);

 

(iv)   fails to successfully complete any program of counseling or treatment, or

both, required as a condition of Accelerated Rehabilitative Disposition; or

(v)  violates the terms and conditions of Accelerated Rehabilitative Disposition

in any other ways.

 

(7.1) In addition to the conditions set forth in paragraph (7) for Accelerated Rehabilitative Disposition of any charge brought under this section, the judge may impose, and the person shall accept, the condition that the person engages in a program of collecting litter from public and private property, especially property which is littered with alcoholic beverage containers. The duration of the person’s participation in a litter collection program shall not exceed the duration of the probationary period imposed on the person under Accelerated Rehabilitative Disposition.

(8)   With the exception of program costs referred to in section 1548(e) or any restitution referred to in this section, and with the exception of any fees imposed pursuant to paragraph (6)(vi) which shall be distributed to the affected municipal corporation, any 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 section 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.).

(9)   Convictions for driving under the influence of alcohol or controlled substance or other substantially similar offenses in another state shall be considered for purposes of determining whether an offense is a misdemeanor of the first degree.

(f)  Preliminary hearing or arraignment. – The presiding judicial officer at the preliminary hearing or preliminary arraignment relating to any charge of a violation of this section, shall not reduce or modify the original charges.

(g)  (Repealed.)

(h)  Work release. – In any case in which a person is sentenced to a period of imprisonment as a result of a conviction for violating any provision of this section, the judicial officer imposing that sentence shall consider assigning that person to a daytime work release program pursuant to which the person would be required to collect litter from public and private property, especially property which is littered with alcoholic beverage containers.

(i)  Driving a commercial motor vehicle or a school vehicle while under the influence of alcohol or controlled substance. – A person shall not drive, operate or be in physical control of the movement of any commercial vehicle or school vehicle while:

(1)  under the influence of alcohol;

(2)   under the influence of any controlled substance as defined in section 1603 (relating to definitions);

(3)   under the combined influence of alcohol and any controlled substance; or

(4)  the amount of alcohol by weight in the person’s blood is:

(i)    0.04  or more if the person is operating a commercial motor vehicle other than a school bus.

(ii)      0.02 or more if the person is operating a school bus or a school vehicle.

(j)  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.

Note – The amendment to count out of state DUI offenses that are substantially similar towards determining if this is a third or subsequent DUI is effective December 3rd 2002.

Section 3732.  Homicide by vehicle.

(a) Offense.- Any person who recklessly or with gross negligence causes the death of another person while engaged  in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

(b) Sentencing.

(1)   In addition to any other penalty provided by law, a person convicted of a violation of subsection (A) may be sentenced to an additional term not to exceed five years’ confinement if at trail the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone as defined in section 102 (relating to definitions).

(2)   The Prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.

(3)   The Pennsylvania Commission on Sentencing, pursuant to 42 PA. C.S. 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section when the violation occurred in an active work zone, as defined in section 102.

 

Section 3733.  Fleeing or attempting to elude police officer.

(a)  Offense defined. – Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop or who otherwise flees or attempts to elude a pursuing police officer, when given visual or audible signal to bring the vehicle to a stop, commits a misdemeanor of the second degree. Any driver upon conviction shall pay an additional fine of $500. This fine shall be in addition to and not in lieu of all other fines, court expenses, jail sentences or penalties.

(a.1)  Disposition of fines, etc. – The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S. §3733 (relating to deposits into account). The fines imposed and collected under subsection (a) shall be distributed in the manner provided in 42 Pa.C.S. §3571(b)(2) and (3) (relating to Commonwealth portion of fines, etc.).

(b)  Signal by police officer. – The signal given by the police officer may be by hand, voice, emergency lights or siren.

(c)  Defenses. – It is a defense to a prosecution under this section that the pursuing police vehicle was not clearly identifiable by its markings or, if unmarked, was not occupied by a police officer who was in uniform and displaying a badge or other sign of authority.

 

Section 3734.  Driving without lights to avoid identification or arrest.

Any person who drives without lights or turns off any or all the lights on a motor vehicle for the purpose of avoiding identification or arrest is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

 

Section 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.

 

Section 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.

 

Section 3736.  Reckless Driving.

(a)  General rule. – Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)  Penalty. – Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

 

Section 3742.  Accidents involving death or personal injury.

(a)  General rule. – The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

(b)  Penalties. –

(1)   Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.

(2)  If the victim suffers serious bodily injury, any person violating subsection (a) commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than 90 days and a mandatory minimum fine of $1,000, notwithstanding any other provision of law.

(3)   If the victim dies, any person violating subsection (a) commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than one year and a mandatory minimum fine of $2,500, notwithstanding any other provision of law.

(c)  Authority of sentencing court. – There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (b)(2) or (3) or to place such offender on probation or to suspend sentence. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d)  Definitions. – 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.

 

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

(a)  Offense defined. – A person whose operating privilege was canceled,  recalled, revoked or suspended and not restored or who does not hold a valid driver’s license commits an offense under this section if the person was the driver of any vehicle and caused an accident resulting in injury or death of any person.

(b)  Penalties. –

(1)   Except as otherwise provided in this section, any person violating subsection (a) commits a misdemeanor of the second degree.

(2)   If the victim suffers serious bodily injury or death, any person violating subsection (a) commits a felony of the third degree.

(3)   Any motor vehicle, as defined in section 102 (relating to definitions) used in the commission of an offense under this section may be deemed contraband and forfeited in accordance with the provisions set forth in 18 Pa.C.S. §6501(d) (relating to scattering rubbish).

(c)  Definitions. – 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.

 

Section 3743.  Accidents involving damage to attended vehicle or property.

(a)  General rule. – The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

(b)  Penalty. – Any person violating this section commits a misdemeanor of the third degree, punishable by a fine of $2,500 or imprisonment for not more than one year, or both.

 

Section 3744.  Duty to give information and render aid.

(a)  General rule. – The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving, and shall upon request exhibit his driver’s license and information relating to financial responsibility to any person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and shall give the information and upon request exhibit the license and information relating to financial responsibility to any police officer at the scene of the accident or who is investigating the accident and shall render to any person injured in the accident reasonable assistance, including the making of arrangements for the carrying of the injured person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if requested by the injured person.

(b)  Report of accident to police. – In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (a) and no police officer is present, the driver of any vehicle involved in the accident after fulfilling all other requirements of section 3742 (relating to accidents involving death or personal injury) and subsection (a), in so far as possible on his part to be performed, shall forthwith report the accident to the nearest office of a duly authorized police department and submit to the police department the information specified in subsection (a).

(c)  Duty of occupants if driver disabled. – Whenever the driver of a vehicle is physically unable to give the information or assistance required in this section and there are other occupants in the vehicle at the time of the accident that are physically able to give the information or assistance required in this section, each of the other occupants shall fully reveal the identity of himself and the identity of the driver of the vehicle and of the owner of the vehicle of which they are occupants and shall otherwise perform the duties of the driver as set forth in subsection (a).

 

Section 3745.  Accidents involving damage to unattended vehicle or property.

(a)  General rule. – The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then and there either locate and notify the operator or owner of the damaged vehicle or other property of his name, address, information relating to financial responsibility and the registration number of the vehicle being driven or shall attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving his name, address, information relating to financial responsibility and the registration number of the vehicle being driven and shall without unnecessary delay notify the nearest office of a duly authorized police department. Every stop shall be made without obstructing traffic more than is necessary.

(b)  Penalty. – A violation of this section is a summary offense, punishable by

a fine of $300 or imprisonment for not more than 90 days, or both.

 

Section 3746.  Immediate notice of accident to police department.

(a)  General rule. – The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves:

(1)  injury to or death of any person; or

(2)   damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing.

(b)  Duty of occupant if driver disabled. – Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there is another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.

(c)  Investigation by police officer. – Every accident reported to a police department required in this section shall be investigated by a police officer who shall provide each driver a signed statement that the accident was reported.

 

Section 3748.  False reports.

Any person who gives information in oral or written reports required by this subchapter knowing or having reason to believe that the information is false is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

 

Section 3749.  Reports by coroners and medical examiners.

(a)  General rule. – Every coroner or medical examiner in this Commonwealth shall report in writing to the department within five days of certification the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto. These reports shall be made on forms prepared by the department. Every coroner or medical examiner shall retain a copy of the reports in his office for a period of two years.

(b)  Blood and urine samples. – The coroners or medical examiners of each county in this Commonwealth shall take blood or urine samples or both from the bodies of all drivers and of all pedestrians over 15 years of age who die within four hours following an accident and shall, within ten days of the accident, transmit the samples to the Governor’s Council on Drug and Alcohol Abuse. This subsection shall be applicable to all occupants over 15 years of age if the driver of the vehicle cannot be determined.

(c)  Regulations for testing samples. – The Governor’s Council on Drug and Alcohol Abuse shall establish and promulgate rules and regulations for the testing of the blood and urine samples authorized to be taken from dead bodies under this section.

 

Section 3755.  Reports by emergency room personnel.

(a)  General rule. – If, as a result of a motor vehicle accident, the person who drove, operated or was in actual physical control of the movement of any involved motor vehicle requires medical treatment in an emergency room of a hospital and if probable cause exists to believe a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) was involved, the emergency room physician or his designee shall promptly take blood samples from those persons and transmit them within 24 hours for testing to the Department of Health or a clinical laboratory licensed and approved by the Department of Health and specifically designated for this purpose. This section shall be applicable to all injured occupants who were capable of motor vehicle operation if the operator or person in actual physical control of the movement of the motor vehicle cannot be determined. Test results shall be released upon request of the person tested, his attorney, his physician or governmental officials or agencies.

(b)  Immunity from civil or criminal liability. – 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 or criminally liable for withdrawing blood or obtaining a urine sample and reporting test results to the police pursuant to this section or for performing any other duty imposed by 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 of admission.

 

                             CHAPTER 38
         DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS

Most provisions wiill take effect February 1, 2004

Section 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
        .025%.
       "Minor."  An individual who is under 21 years of age.


Section 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 .08%
	but less than .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 .10% but less
than .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.16% or
higher within two hours after the individual has driven, operated or been in actual
physical control of the movement of the vehicle.

	(d)  Controlled substances.--An individual may not drive, operate or be in actual
physical control of the movement of a vehicle under any of the following circumstances:

	(1)  There is in the individual's blood any amount of a:

		(i)  Schedule I controlled substance, as defined in the act of April 14,
		1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
		Device and Cosmetic Act;

(ii)  Schedule II or Schedule III controlled substance, as defined in
The Controlled Substance, Drug, Device and Cosmetic Act, which has
not been medically prescribed for the individual; or

                               (iii)  metabolite of a substance under subparagraph (i) or (ii).

	(2)  The individual is under the influence of a drug or combination of drugs to
	a degree which impairs the individual's ability to safely drive, operate or be in
	actual physical control of the movement of the vehicle.

	(3)  The individual is under the combined influence of alcohol and a drug or
	combination of drugs to a degree which impairs the individual's ability to safely
	drive, operate or be in actual physical control of the movement of the vehicle.

	(4)  The individual is under the influence of a solvent or noxious substance in
	violation of 18 Pa.C.S. § 7303(relating to sale or illegal use of certain solvents
	and noxious substances).

	(e)  Minors.--A minor may not drive, operate or be in actual physical control of the
movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol
concentration in the minor's blood or breath is .02% or higher within two hours after the
minor has driven, operated or been in actual physical control of the movement of the vehicle.

	(f)  Commercial or school vehicles.--An individual may not drive, operate or be in
actual physical control of the movement of a commercial vehicle, school bus or school vehicle in
any of the following circumstances:

	(1)  After the individual has imbibed a sufficient amount of alcohol such that the
	alcohol concentration in the individual's blood or breath is:

(i)  .04% or greater within two hours after the individual has driven,
operated or been in actual physical control of the movement of a
commercial vehicle other than a school bus or a school vehicle.

(ii)  .02% or greater within two hours after the individual has driven,
operated or been in actual physical control of the movement of a
school bus or a school vehicle.

(2)  After the individual has imbibed a sufficient amount of alcohol such that the
individual is rendered incapable of safely driving, operating or being in actual
physical control of the movement of the vehicle.

(3)  While the individual is under the influence of a controlled substance or
combination of controlled substances, as defined in section 1603 (relating to
definitions).

(4)  While the individual is under the combined influence of alcohol and a
controlled substance or combination of controlled substances, as defined in
section 1603.

	(g) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a),
(b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood
or breath is an element of the offense, evidence of such alcohol or controlled substance
concentration more than two hours after the individual has driven, operated or been in actual
physical control of the movement of the vehicle is sufficient to establish that element of the offense
under the following circumstances:

(1)  where the Commonwealth shows good cause explaining why the
chemical test could not be performed within two hours; and

(2)  where the Commonwealth establishes that the individual did not imbibe any
alcohol or utilize a controlled substance between the time the individual was
arrested and the time the sample was obtained.


Section 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.


Section 3804.  Penalties.

	(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:

                  (1)  For a first offense, to:
                               (i)  undergo a period of probation not to exceed six months;
                               (ii)  pay a fine of $300;
(iii)  attend an alcohol highway safety school approved by the
department; and
(iv)  comply with all drug and alcohol treatment requirements
imposed under section 3814 (relating to drug and alcohol assessments)
and section 3815 (relating to mandatory sentencing).

                  (2)  For a second offense, to:
(i)  undergo imprisonment for not less than five days nor more than six
months;
                               (ii)  pay a fine of not less than $300 nor more than $2,500;
(iii)  attend an alcohol highway safety school approved by the
department; and
(iv)  comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.

                  (3)  For a third or subsequent offense, to:
 (i)  undergo imprisonment of not less than ten days nor more than two
years;
                               (ii)  pay a fine of not less than $500 nor more than $5,000; and
(iii)  comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.

	(b)  High rate of blood alcohol; minors; commercial vehicles and school buses 
and school vehicles; accidents.--Except as set forth in subsection (c), an individual who
violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in 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.

               (c)  Incapacity; highest blood alcohol; controlled substances.--An individual
who violates section 3802(a)(1) and refused testing of blood or breath or an individual
who violates section 3802(c) or (d) shall be sentenced as follows:

                  (1)  For a first offense, to:
(i)  undergo imprisonment of not less than 72 consecutive hours nor
more than six months;
                               (ii)  pay a fine of not less than $1,000 nor more than $5,000;
(iii)  attend an alcohol highway safety school approved by the
department; and
(iv)  comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.

                  (2)  For a second offense, to:
(i)  undergo imprisonment of not less than 90 days nor more than five
years;
                               (ii)  pay a fine of not less than $1,500;
(iii)  attend an alcohol highway safety school approved by the
department; and
(iv)  comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.

                  (3)  For a third or subsequent offense, to:
(i)  undergo imprisonment of not less than one year nor more than five
years;
                               (ii)  pay a fine of not less than $2,500; and
(iii)  comply with all drug and alcohol treatment requirements
imposed under sections 3814 and 3815.

               (d)  Extended supervision of court.--If a person is sentenced pursuant to this
chapter and, after the initial assessment required by section 3814(1), the person is
determined to be in need of additional treatment pursuant to section 3814(2), the judge
shall impose a minimum sentence as provided by law and a maximum sentence equal to
the statutorily available maximum. A sentence to the statutorily available maximum
imposed pursuant to this subsection may, in the discretion of the sentencing
court, be ordered to be served in a county prison, notwithstanding the provisions of
42 Pa.C.S. § 9762 (relating to sentencing proceeding and place of confinement).

               (e)  Suspension of operating privileges upon conviction.

(1)  The department shall suspend the operating privilege of an individual
under paragraph (2) upon receiving a certified record of the individual's
conviction of or an adjudication of delinquency for:
                               (i)  an offense under section 3802; or
(ii)  an offense which is substantially similar to an offense enumerated
in section 3802 reported to the department under Article III of the
compact in section 1581 (relating to Driver's License Compact).

(2)  Suspension under paragraph (1) shall be in accordance with the following:
(i)  Except as provided for in subparagraph (iii), 12 months for an
ungraded misdemeanor or misdemeanor of the second degree under
this chapter.
(ii)  18 months for a misdemeanor of the first degree under this
chapter.
(iii)  There shall be no suspension for an ungraded misdemeanor under
section 3802(a) where the person is subject to the penalties provided
in subsection (a) and the person has no prior offense.
(iv)  For suspensions imposed under paragraph (1)(ii), notwithstanding
any provision of law or enforcement agreement to the contrary, all of
the following apply:
(A)  Suspensions shall be in accordance with Chapter 15,
Subchapter D (relating to the Driver's License Compact).
(B)  In calculating the term of a suspension for an offense
that is substantially similar to an offense enumerated in
section 3802, the department shall presume that if the
conduct reported had occurred in this Commonwealth then
the person would have been convicted under section 3802(a)(2).
(v)  Notwithstanding any other provision of law or enforcement
agreement to the contrary, the department shall suspend the
operating privilege of a driver for six months upon receiving a
certified record of a consent decree granted under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters) based on section 3802.

         (f)  Community service assignments.--In addition to the penalties set forth in this
section, the sentencing judge may impose up to 150 hours of community service. Where
the individual has been ordered to drug and alcohol treatment pursuant to sections 3814
and 3815, the community service shall be certified by the drug and alcohol treatment
program a consistent with any drug and alcohol treatment requirements imposed under
sections 3814 and 3815.

         (g)  Sentencing guidelines.--The sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties
of this section.

         (h)  Appeal.--The Commonwealth has the right to appeal directly to the Superior
Court any order of court which imposes a sentence for violation of this section which
does not meet the requirements of this section. The Superior Court shall remand the case
to the sentencing court for imposition of a sentence in accordance with the provisions of
this section.

         (i)  First class cities.--Notwithstanding the provision for direct appeal to the
Superior Court, if, in a city of the first class, a person appeals from a judgment of
sentence under this section from the municipal court to the common pleas court for
a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior
Court from the order of the common pleas court if the sentence imposed is in violation
of this section. If, in a city of the first class, a person appeals to the court of common
pleas after conviction of a violation of this section in the municipal court and thereafter
withdraws his appeal to the common pleas court, thereby reinstating the judgment of
sentence of the municipal court, the Commonwealth shall have 30 days from the date
of the withdrawal to appeal to the Superior Court if the sentence is in violation of this
section.

         (j)  Additional conditions.--In addition to any other penalty imposed under
law, the court may sentence a person who violates section 3802 to any other requirement
or condition consistent with the treatment needs of the person, the restoration of the
victim to pre-offense status or the protection of the public.


Section 3805.  Ignition interlock.

               (a)  General rule.--If a person violates section 3805 (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 section 3808(c) (relating to illegally
operating a motor vehicle not equipped with ignition interlock) and the person seeks a
restoration of operating privileges, the department shall require as a condition of issuing a
restricted license pursuant to this section that the following occur:

(1)  Each motor vehicle owned by the person or registered to the
person has been equipped with an ignition interlock system and remains so
for the duration of the restricted license period.

(2)  If there are no motor vehicles owned by the person or registered to the
person that the person so certify to the department. A person so certifying
shall be deemed to have satisfied the requirement that all motor vehicles
owned by the person or registered to the person be equipped with an
ignition interlock system as required by this subsection.

               (b)  Application for a restricted license.--A person subject to this section shall
apply to the department for an ignition interlock restricted license under section 1951
(relating to driver's license and learner's permit), which shall be clearly marked to restrict
the person to only driving, operating or being in actual physical control of the movement
of motor vehicles equipped with an ignition interlock system. Upon issuance of an
ignition interlock restricted license to any person, the department shall notify the person
that until the person obtains an unrestricted license the person may not own, register,
drive, operate or be in actual physical control of the movement of any motor vehicle
which is not equipped with an ignition interlock system.

               (c)  Issuance of unrestricted license.--One year from the date of issuance of an
ignition interlock restricted license under this section, if otherwise eligible, a person may
be issued a replacement license under section 1951(d) that does not contain the ignition
interlock system restriction.

               (d)  Prohibition.--Except as set forth in subsections (e) and (f), until the person
obtains an unrestricted license, the person may not own, register, drive, operate or be in
actual physical control of the movement of any motor vehicle within this Commonwealth
unless the motor vehicle is equipped with an ignition interlock system.

               (e) Economic hardship exemption.--A person subject to the requirements of
subsection (a) may apply to the department for a hardship exemption to the requirement
that an ignition interlock system must be installed in each of the person's motor vehicles.
Where the department determines that the applicant establishes that such a
requirement would result in undue financial hardship, the department may permit the
applicant to install an ignition interlock system on only one of the applicant's motor
vehicles. However, the applicant in accordance with section 3808 (relating to illegally
operating a motor vehicle not equipped with ignition interlock) shall be prohibited from
driving, operating or being in actual physical control of the movement of any motor
vehicle, including any of the applicant's motor vehicles, which is not equipped with an
ignition interlock system.

               (f)  Employment exemption.--If a person with a restricted license is required in
the course and scope of employment to drive, operate or be in actual physical control of
the movement of a motor vehicle owned by the person's employer, the following apply:

(1)  Except as set forth in paragraph (2), the person may drive, operate or be in
actual physical control of the movement of that motor vehicle in the course and
scope of employment without installation of an ignition interlock system if:
               	(i)  the employer has been notified that the employee
                               is restricted; and
                	(ii)  the employee has proof of the notification in the employee's
		possession while driving, operating or being in actual physical control
		of the movement of the employer's motor vehicle. Proof of the
		notification may be established only by the notarized signature of the
		employer acknowledging notification on a form which shall be
		provided by the department for this purpose and shall include a
		contact telephone number of the employer.

                 (2)  Paragraph (1) does not apply in any of the following circumstances:
(i)  To the extent that an employer-owned motor vehicle is made
available to the employee for personal use.
                 	(ii)  If the employer-owned motor vehicle is owned by an entity which
		is wholly or partially owned by the person subject to this section.
                 	(iii)  If the employer-owned motor vehicle is a school bus; a school
		vehicle; or a vehicle designed to transport more than 15 passengers,
		including the driver.

               (g)  Prohibition of authorization.--This section shall not give the department
authorization to impose an ignition interlock requirement on a person that has committed
an offense under former section 3731 (relating to driving under influence of alcohol or
controlled substance) 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.


Section 3806.  Prior offenses.

               (a)  General rule.--Except as set forth in subsection (b), the term "prior offense"
as used in this chapter shall mean a conviction, adjudication of delinquency, juvenile
consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of
preliminary disposition before the sentencing on the present violation for any of the following:

(1)  an offense under section 3802 (relating to driving under influence of
alcohol or controlled substance);

                        (2)  an offense under former section 3731;

(3)  an offense substantially similar to an offense under paragraphs (1) or
(2) in another jurisdiction; or

                        (4)  any combination of the offenses set forth in paragraphs (1), (2) or (3).

               (b)  Repeat offenses within ten years.--The calculation of prior offenses for
purposes of sections 1553(d.2) (relating to occupational limited license) and 3804
(relating to penalties) shall include any conviction, adjudication of delinquency, juvenile
consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of
preliminary disposition within the ten years before the present violation occurred for any
of the following:

                  (1)  an offense under section 3802;

                  (2)  an offense under former section 3731;

                  (3)  an offense substantially similar to an offense under paragraph (1) or (2)
	in another jurisdiction; or

                  (4) any combination of the offenses set forth in paragraph (1), (2) or (3).


Section 3807.  Accelerated Rehabilitative Disposition.

               (a)  Eligibility.--

 (1)  Except as set forth in paragraph (2), a defendant charged with a
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 .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 .10%.

(2)  For 30 days, if the defendant's blood alcohol concentration at the time
of testing was at least .10% but less than .16%.

(3)  For 60 days, if:
(i)  the defendant's blood alcohol concentration at the time of
testing was .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.


Section 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 an ungraded misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not less than $300 and not more than $1,000 and to
imprisonment for not more than 90 days.

(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.

               (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 bypassing an ignition interlock system by:

               (1)  means of using another individual to provide a breath sample; or

(2)  providing a breath sample for the purpose of bypassing an ignition
interlock system required by law.

               (c)  Suspension of operating privilege.—Notwithstanding section 3805(c) and (i):

(1)  If a person who is required to only drive, operate or be in actual physical
control of the movement of a motor vehicle equipped with an ignition interlock
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.

(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, 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.


Section 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.

               (b)  Exception.--This section does not prohibit possession or consumption by
any of the following:

(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.

	(2)  An individual in the living quarters of a house coach or house trailer.

               (c)  Penalty.--An individual who violates this section commits a summary offense.


Section 3810.  Authorized use not a defense.

The fact that a person charged with violating this chapter is or has been legally entitled to
use alcohol or controlled substances is not a defense to a charge of violating this chapter.


Section 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) or section 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.


Section 3812.  Preliminary hearing or arraignment.

 The presiding judicial officer at the preliminary hearing or preliminary arraignment
relating to a charge of a 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) shall not reduce or modify the original
charges without the consent of the attorney for the Commonwealth.


Section 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).


Section 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 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.


Section 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 recommendation 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.

               (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.

               (f)  Fees.—

(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:

                               	(i)  Chemical testing of the offender required under this section.
                               	(ii)  An assessment of the offender required under this section.
                 	(iii)  Drug or alcohol treatment provided in accordance with the
		assessment.

(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.

               (g)  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.

               (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.


Section 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.

Section 3817.  Reporting requirements for offenses.

(a)  Requirement.–The department shall make an annual report on the administration of this chapter. The department, the Administrative Office of Pennsylvania Courts and the Pennsylvania Sentencing Commission shall work together to exchange pertinent information necessary to complete this report.

(b)  Contents.–The report shall include the following information by county:

(1)  The number of offenders charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) sorted by the subsection under which the offender was convicted.

(2)  The number of offenders convicted of violating section 3802 sorted by the subsection under which the offender was convicted.

(3)  The number of offenders admitted to an Accelerated Rehabilitative Disposition program for violating section 3802 sorted by the subsection under which the offender was charged.

(4)  The number of offenders completing an Accelerated Rehabilitative Disposition program for a violation of section 3802 sorted by the subsection under which the offender was charged.

(5)  The number of persons refusing a chemical test sorted by the number of prior offenses.

(6)  The number of offenders subject to treatment under section 3807 (relating to Accelerated Rehabilitative Disposition) sorted by the subsection of section 3802 under which the offender was charged.

(7)  The number of offenders subject to section 3815 (relating to mandatory sentencing) sorted by the subsection of section 3802 under which the offender was convicted

(8)  The number of offenders sent to treatment for alcohol and drug problems and addiction.

(9)  The names of the treatment facilities providing treatment and the level of care and length of stay in treatment.

(10)  The number of offenders successfully completing treatment.

(11)  The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was charged.

(12)  The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was convicted.

(13)  The number of offenders who violated section 3802 for whom costs for assessment and treatment were waived by the court.

(14)  The number of offenders who violated section 3802 for whom fines and costs were waived by the court.

(c)  Recipients.--The annual report shall be submitted to the Judiciary Committee, Public Health and Welfare Committee and Transportation Committee of the Senate; the Health and Human Services Committee, Judiciary Committee and Transportation Committee of the House of Representatives; and the Department of Health Bureau of Drug and Alcohol Programs, who shall utilize the data for program planning purposes. The Bureau of Drug and Alcohol Programs shall consider increases in county drug and alcohol program costs that result from the implementation of this chapter when proposing annual appropriations requests. The report shall be made available to the public.

 

Section 6323.  Reports by courts.

Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure):

(1)   The clerk of any court of this Commonwealth, within ten days after final judgment of conviction or acquittal or other disposition of charges under any of the provisions of this title or under section 13 of the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, including an adjudication of delinquency or the granting of a consent decree, shall send to the department a record of the judgment of conviction, acquittal or other disposition.

(2)   A record of the judgment shall also be forwarded to the department upon conviction or acquittal of a person of a felony, a misdemeanor of the first degree or a misdemeanor of the second degree in the commission of which the judge determines that motor vehicle was essentially involved.

(3)   The fines and bail forfeited under any of the provisions of this title payable to the Commonwealth under Subchapter E of Chapter 35 of Title 42 (relating to fines, etc.) shall accompany the record sent to the department.

(4)   The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the vehicle driven by the person was a commercial motor vehicle.

(5)   The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the court ordered the defendant to a term of prison.

 

Section 6343.  Pursuit records.

(a)  General rule. – All police departments shall maintain records of all motor vehicle pursuits.

(b)  Procedure. – The commissioner, in consultation with the Pennsylvania Chiefs of Police Association and the Fraternal Order of Police, shall develop a reporting mechanism for which all police departments must comply and submit records of all motor vehicle pursuits. The commissioner, with the approval of the commission, shall determine the most efficient and least burdensome procedure for which this reporting requirement shall be carried out. This procedure may be incorporated, at the discretion of the commissioner, within existing or forthcoming uniform crime reporting functions, including a national incident-based reporting system.

(c)  Content. – The report shall include, but not be limited to, the following information:

(1)  Reason for pursuit.

(2)  Injuries, if any, and to what persons.

(3)  Property damage, if any.

(4)  Deaths, if any.

(5)   Suspect information, including statute violations and apprehension status of the suspect.

(6)   Any other information deemed necessary by the commissioner to evaluate and improve pursuit policies.

(d)  Implementation. – The commissioner may implement the reporting requirements to coincide with the timing of the implementation of a national incident-based reporting system within this Commonwealth.

 

Section 6501.  Definition of conviction.

(a)  General rule. – For the purposes of this title a conviction includes a plea of guilty, a plea of nolo contendere, a finding of guilty by a court or an unvacated forfeiture of bail or collateral deposited to secure a defendant’s appearance in court.

(b)  Payment of fine as guilty plea. – A payment by any person charged with a violation of this title of the fine prescribed for the violation is a plea of guilty.

(c)  Certified record of convictions. – For the purpose of this title, a certified record of conviction includes a certified record of conviction from any Federal or state court and a certified record of administrative adjudication from any state. These records or copies of these records shall be admissible in any court of law without any need for further documentation.

 

Section 6502.  Summary offenses.

(a)  Violations of this title. – It is a summary offense for any person to violate any of the provisions of this title unless the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor or felony.

Every person convicted of a summary offense for a violation of any of the provisions of this title for which another penalty is not provided shall be sentenced to pay a fine of $25.

(b)  Violations of regulations. – It is a summary offense for a person to violate any provision of any regulation promulgated under the authority of this title. A person convicted of violating any provision of a regulation promulgated under the authority of this title shall pay the fine established in the section of this title on which the regulation is based or, if no fine is established in that section of this title, the fine shall be $25.

(c)  Title 18 inapplicable. – Title 18 (relating to crimes and offenses), insofar as it relates to fines and imprisonment for convictions of summary offenses, is not applicable to this title.

 

Section 6503.  Subsequent convictions of certain offenses.

(a)  General offenses. – Every person convicted of a second or subsequent violation of any of the following provisions shall be sentenced to pay a fine of not less than $200 nor more than $1,000 or to imprisonment for not more than six months, or both:

Section 1543 (relating to driving while operating privilege is suspended or revoked).

Section 3367 (relating to racing on highways).

Section 3733 (relating to fleeing or attempting to elude police officer).

Section 3734 (relating to driving without lights to avoid identification or arrest).

Section 3748 (relating to false reports).

(b)  Driving without a license. – Every person convicted of a second or subsequent violation of section 1501(a) (relating to drivers required to be licensed) within seven years of the date of commission of the offense preceding the offense for which sentence is to be imposed shall be sentenced to pay a fine of not less than $200 nor more than $1,000 or to imprisonment for not more than six months, or both.

 

Section 6503.1.  Habitual offenders.

A habitual offender under section 1542 (relating to revocation of habitual offender’s license) who drives a motor vehicle on any highway or traffic way of this Commonwealth while the habitual offender’s operating privilege is suspended, revoked or canceled commits a misdemeanor of the second degree.

 

Section 6504.  Inability to pay fine and costs.

(a)  Order for installment payments. – Upon plea and proof that a person is unable to pay any fine and costs imposed under this title, a court may, in accordance with 42 Pa.C.S. §9758 (relating to fine), order payment of the fine and costs in installments and shall fix the amounts, times and manner of payment.

(b)  Imprisonment for nonpayment. – Any person who does not comply with an order entered under this section may be imprisoned for a number of days equal to one day for each $40 of the unpaid balance of the fine and costs.

 

Section 6506.  Surcharge.

(a)  Levy and imposition. – In addition to any fines, fees or penalties levied or imposed as provided by law, under this title or any other statute, a surcharge shall be levied for disposition in accordance with subsection (b) as follows:

(1)   Upon conviction for any violation of the provisions of this title or other statute of the Commonwealth, or regulations promulgated under this title, which is a traffic violation and which is not included within the provisions of paragraphs (2) through (7), exclusive of parking offenses, a surcharge of $30.

(2)   Upon conviction for a violation of the following provisions of this title, a surcharge of $40:

(i)    Section 3306(a)(1) (relating to limitations on driving on left side of              roadway).

(ii)   Section 3745 (relating to accidents involving damage to unattended      vehicle or property).

(3)   Upon conviction for a violation of section 3345(a) (relating to meeting or overtaking school bus), a surcharge of $50.

(4)   Upon conviction for a violation of section 3362 (relating to maximum speed limits), the following applicable surcharge:

(i)    $30 for exceeding the maximum speed limit by 6 to 10 miles per hour or 11 to 15 miles per hour.

(ii)   $40 for exceeding the maximum speed limit by 16 to 25 miles per hour.

(iii)   $50 for exceeding the maximum speed limit by at least 26 miles per hour.

(5)   Upon conviction for violation of section 4902 (relating to restrictions on use of highways and bridges), Subchapter C of Chapter 49 (relating to maximum weights of vehicles) or Subchapter E of Chapter 49 (relating to measuring and adjusting vehicle size and weight), a surcharge of $150.

(6)   Upon conviction for violation of Chapter 47 (relating to inspection of vehicles), by the owner or operator or driver of a vehicle which is subject to the provisions of Chapter 49 (relating to size, weight and load), a surcharge of $30.

(7)   Upon conviction of offenses under 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 upon admission to programs for Accelerated Rehabilitative Disposition for offenses enumerated in section 1543(b)(1.1), 3802 or 3808(a)(2), a surcharge, respectively, of:

(i)         $50 for the first offense.

(ii)        $100 for the second offense.

(iii)       $200 for the third offense.

(iv)       $300 for the fourth and subsequent offenses.

The provisions of this subsection shall not apply to any violation committed by the operator of a motorcycle, motor-driven cycle, pedalcycle, motorized pedalcycle or recreational vehicle not intended for highway use.

(b)  Disposition. – Notwithstanding the provisions of 42 Pa.C.S. §§3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.), all surcharges levied and collected under subsection  (a) by any division of the unified judicial system existing under section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S. §301 (relating to unified judicial system) shall be remitted to the Commonwealth for deposit in the Catastrophic Loss Benefits Continuation Fund for the purpose of funding catastrophic loss benefits in accordance with section 1798.2 (relating to transition). If the surcharge is being paid in installments, the surcharge shall be remitted on each installment. The surcharges levied and collected under subsection (a) shall not be deposited for the credit or use of, or otherwise allocated, directed or paid to, counties or municipalities under the provisions of 42 Pa.C.S. Ch. 35 Subch. E (relating to fines, etc.), or any other statute, the Crime Victim’s Compensation Board under section 477.15(b) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, the Commission on Crime and Delinquency for victim-witness services grants under section 477.15(c) of The Administrative Code of 1929, rape crisis centers, the Emergency Medical Services Operating Fund, domestic violence shelters, the Judicial Computer System Augmentation Account established under 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system) or under any other statute.

(c)  Expiration. – This section shall expire upon the publication in the Pennsylvania Bulletin of the Insurance Commissioner’s certification that the Catastrophic Loss Benefits Continuation Fund has sufficient money in it to cover unfunded liability of the Catastrophic Loss Trust Fund existing on December 31, 1991.

 

Section 7726.  Operation in safe manner.

(a)  General rule. – No person shall operate a snowmobile or an ATV in any of the following ways:

(1)   At a rate of speed that is unreasonable or improper under existing conditions or in excess of the maximum limits posted for vehicular traffic.

(2)  In any careless way so as to endanger the person or property of another.

(3)  While under the influence of alcohol or any controlled substance.

(b)  Permitting unsafe operation. – No owner or other person having charge or control of a snowmobile or an ATV shall knowingly authorize or permit the operation of the snowmobile or ATV by any person who is incapable to do so by reason of age, physical or mental disability, or who is under the influence of alcohol or any controlled substance.

(c)  Operation on highways and streets open to snowmobiles or ATV’s and vehicular traffic. – No person shall operate a snowmobile or ATV in any of the following ways on highways and streets open to snowmobiles or ATV’s and vehicular traffic:

(1)   Upon the left side of highways or streets, except one-way streets, or as specified in paragraph (2).

(2)   Ride two snowmobiles or ATV’s abreast. Snowmobiles and ATV’s shall be operated in single file except when overtaking another vehicle. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, until safely clear of such overtaken vehicle. Nothing in this section shall be construed to prohibit a driver overtaking the passing upon the right of another vehicle which is making or about to make a left turn. The driver of a vehicle shall not drive to the left side of the center of a highway in overtaking or passing another vehicle proceeding in the same direction, unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking or passing to be made in safety.

(3)   Turn to the right or left at an intersection or stop or decrease speed at an intersection without signaling as stated in this paragraph. The driver shall extend his hand and arm from the left side of the vehicle in the following manner to indicate as stated:

(i)    Left turn or other vehicle movement toward left, hand and arm extended horizontally.

(ii)   Right turn or other vehicle movement toward right, left hand and arm extended outward and pointed upward from the elbow.

(iii)  Stop or decrease speed, either the left or right hand and arm extended upward.

(4)   Disobey any traffic signal or signs placed in accordance with this title unless otherwise directed by a peace officer.

(5)   Without a securely fastened helmet on the head of an individual who operates or is a passenger on a snowmobile or ATV or who is being towed or otherwise propelled by a snowmobile. The department shall specify the types of helmets allowed through rules and regulations.