PRINTER'S NO. 2342
No. 1942 Session of 1991
INTRODUCED BY MURPHY, BARLEY, BLAUM, STEELMAN, JOSEPHS, SALOOM,
LESCOVITZ, MRKONIC, BATTISTO, SAURMAN, SCHEETZ, GEIST,
E. Z. TAYLOR, HERSHEY, TANGRETTI, MELIO, ULIANA AND DeLUCA,
JULY 24, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 24, 1991
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for preadjudication license suspension
3 for driving under the influence of alcohol.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1534.1. Preadjudication suspension for driving under
9 influence of alcohol.
10 (a) General rule.--
11 (1) The department shall suspend the operating privilege
12 of any person who drives, operates or is in actual physical
13 control of a vehicle while the amount of alcohol by weight in
14 the person's blood is 0.10% or greater.
15 (2) The department shall make a determination under
16 paragraph (1) on the basis of the report of a police officer
17 under subsection (b). This determination shall be conclusive
1 unless an administrative hearing is held under subsection
2 (e).
3 (3) The determination of these facts by the department
4 is independent of the determination of the same facts in the
5 adjudication of any criminal charges arising out of the same
6 occurrence. The disposition of criminal charges shall not
7 affect suspension under this subsection.
8 (b) Report.--
9 (1) A police officer who arrests a person for a
10 violation of section 3731 (relating to driving under
11 influence of alcohol or controlled substance), shall, within
12 24 hours of arrest, forward to the department a sworn or
13 affirmed report enumerating all information relevant to the
14 enforcement action. The report shall include information
15 which adequately identifies the arrested person, a statement
16 of the officer's grounds for belief that the person violated
17 section 3731, results of chemical tests which were conducted
18 and a copy of the citation and complaint filed with the
19 court. The report must be independently verified by the
20 appropriate supervisory law enforcement staff person before
21 being submitted to the department. The report shall be made
22 on forms supplied by the department or in a manner specified
23 by regulations of the department.
24 (2) On behalf of the department, the police officer
25 directing the administration of a chemical test under section
26 1547 (relating to chemical testing to determine amount of
27 alcohol or controlled substance) shall serve immediate notice
28 of suspension personally on a person whose test results
29 indicate an amount of alcohol by weight in the blood of 0.10%
30 or greater.
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1 (3) When the police officer serves the notice of
2 suspension, the police officer shall take possession of the
3 person's Pennsylvania driver's license and issue a temporary
4 permit, which is valid for ten days after its date of
5 issuance. The police officer shall also inform the person of
6 the effective date of the impending revocation, the right to
7 request a hearing, the procedure for requesting a hearing and
8 the date by which that request for hearing must be made. This
9 information shall also appear on the temporary permit.
10 (4) The police officer shall transmit to the department,
11 along with the report under paragraph (1), a copy of the
12 complete notice of suspension form, a copy of any completed
13 temporary permit and the driver's license.
14 (c) Suspension.--Upon receipt of the report under subsection
15 (b)(1), the department shall make the determination under
16 subsection (a). If the department determines that the person is
17 subject to revocation, the department shall suspend the person's
18 operating privileges. If there has been no notice under
19 subsection (b)(2), the department shall issue a notice of
20 suspension. The notice of suspension shall be mailed to the
21 person at the last known address shown on the department's
22 records and to the address provided by the report under
23 subsection (b)(1) if that address differs from the address of
24 record. The notice is deemed received three days after mailing,
25 unless returned by postal authorities. The notice of revocation
26 shall clearly specify the reason and statutory grounds for the
27 revocation, the effective date of the revocation, the right of
28 the person to request a hearing, the procedure for requesting a
29 hearing and the date by which that request for a hearing must be
30 made.
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1 (d) Period of suspension.--
2 (1) The license revocation shall become effective on the
3 11th day after the person has received the notice of
4 suspension under subsection (b)(2) or (c).
5 (2) The period of license revocation under this section
6 shall be as follows:
7 (i) Not less than three months if the person's
8 driving record shows no prior alcohol-related or drug-
9 related enforcement contacts during the immediately
10 preceding five years.
11 (ii) One year if the person's driving record shows
12 prior alcohol-related or drug-related enforcement
13 contacts during the immediately preceding five years.
14 (3) Suspension time under this section shall be credited
15 to suspension time under section 1532(b)(3) (relating to
16 revocation or suspension of operating privilege).
17 (e) Hearing.--
18 (1) Any person who has received a notice of suspension
19 may make a written request for a review of the department's
20 determination at a hearing. The request shall be made on a
21 form available at each office of the department. Each request
22 shall be accompanied by a fee in the amount equal to court
23 costs under 42 Pa.C.S. § 1725.1(b)(2) (relating to costs) to
24 cover the cost of conducting the hearing. If the person
25 prevails at the hearing, the fee shall be refunded. The fee
26 shall be waived upon a conclusive showing of indigency. If
27 the person submits the written request for a hearing in
28 person at an office of the department, a brief interview of
29 the person shall be conducted by department personnel in
30 order to determine whether there may be circumstances which
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1 would warrant an immediate interruption or termination of the
2 revocation procedure. The department shall promulgate
3 regulations to implement this paragraph.
4 (2) The request for a hearing must be made within ten
5 days after the person received the notice of suspension under
6 subsection (b)(2) or (c). If written request for a hearing is
7 not received by the department within ten business days, the
8 following shall apply:
9 (i) Except as provided in subparagraph (ii), the
10 right to a hearing shall be deemed waived; and the
11 determination of the department under subsection (c)
12 shall be final.
13 (ii) If a written request for a hearing is
14 accompanied by the applicant's verified statement
15 explaining the failure to make a timely request for a
16 hearing, the department shall receive and consider the
17 request. If the department finds that the person was
18 unable to make a timely request due to lack of actual
19 notice of the revocation or due to factors of physical
20 incapacity, such as hospitalization or incarceration, the
21 department shall waive the period of limitation, reopen
22 the matter and grant the hearing request.
23 (3) The hearing shall be held within 20 days of the
24 filing of the request for a hearing. The department shall
25 provide a written notice of the time and place of the hearing
26 to the party requesting the hearing at least seven days prior
27 to the scheduled hearing, unless the parties agree to waive
28 this requirement. If the department cannot provide a person
29 with a hearing within 20 days, it shall immediately notify
30 the person and provide a temporary driving permit valid for
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1 any time over 20 days between the filing of the hearing
2 request and the actual date of the hearing.
3 (4) The presumptions under section 1547(d) apply to
4 hearings under this section.
5 (5) The provisions of 2 Pa.C.S. Chs. 5 Subch. A
6 (relating to practice and procedure of Commonwealth agencies)
7 and 7 Subch. A (relating to judicial review of Commonwealth
8 agency action) apply to hearings under this section.
9 (f) Definition.--As used in this section, the term "alcohol-
10 related or drug-related contact" means any of the following:
11 (1) A suspension under this section.
12 (2) Sentencing or acceptance of Accelerated
13 Rehabilitative Disposition for an offense under section 3731.
14 (3) Suspension under section 1547(b).
15 (4) An administrative or criminal penalty imposed by
16 another state which is substantially similar to a penalty
17 listed in paragraph (1), (2) or (3).
18 Section 2. This act shall apply to persons arrested on or
19 after the effective date of this act.
20 Section 3. This act shall take effect in 90 days.
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