PRINTER'S NO. 3232
No. 2337 Session of 1986
INTRODUCED BY SAURMAN, HAGARTY, FOX, LASHINGER, NAHILL, GLADECK,
McCLATCHY, CORNELL AND BUNT, APRIL 9, 1986
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 9, 1986
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for chemical testing in cases of
3 driving under the influence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1547(b) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 1547. Chemical testing to determine amount of alcohol or
9 controlled substance.
10 * * *
11 (b) Suspension for refusal.--
12 (1) If any person placed under arrest for a violation of
13 section 3731 (relating to driving under influence of alcohol
14 or controlled substance) is requested to submit to chemical
15 testing and refuses to do so, the police officer and
16 attendant medical personnel may attempt chemical testing
17 nevertheless, provided that this attempt would not be likely
18 to result in personal injury to the person being tested nor
1 to the police officer or medical personnel engaged in the
2 attempt. If, in the judgment of the police officer and
3 attendant medical personnel, such attempt is unfeasible for
4 the reasons given in this paragraph, testing shall not be
5 conducted but upon notice by the police officer, the
6 department shall suspend the operating privilege of the
7 person for a period of 12 months.
8 (2) It shall be the duty of the police officer to inform
9 the person that the person's operating privilege will be
10 suspended upon refusal to submit to chemical testing.
11 (3) Any person whose operating privilege is suspended
12 under the provisions of this section shall have the same
13 right of appeal as provided for in cases of suspension for
14 other reasons.
15 * * *
16 Section 2. This act shall take effect in 60 days.
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