CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 726 PRINTER'S NO. 898
No. 679 Session of 2007
INTRODUCED BY ORIE, A. WILLIAMS, WONDERLING, LOGAN, RAFFERTY,
RHOADES, ERICKSON, BOSCOLA, C. WILLIAMS, COSTA, REGOLA AND
STACK, MARCH 23, 2007
REFERRED TO TRANSPORTATION, MARCH 23, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for definitions, for driving
3 under the influence of alcohol or controlled substance, for
4 penalties, for ignition interlock, for accelerated
5 rehabilitative disposition, for illegally operating a motor
6 vehicle not equipped with ignition interlock and for drug and
7 alcohol assessments; and making an editorial change.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 3801, 3802(b) and (c) and 3804(a), (b),
11 (c) and (e) of Title 75 of the Pennsylvania Consolidated
12 Statutes are amended to read:
13 § 3801. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Adult." An individual who is at least 21 years of age.
18 "Department." The Department of Transportation of the
19 Commonwealth.
1 "Ignition interlock system." A system approved by the
2 department which prevents a vehicle from being started [or
3 operated] unless the operator first provides a breath sample
4 indicating that the operator has an alcohol level less than
5 0.025%.
6 "Minor." An individual who is under 21 years of age.
7 § 3802. Driving under influence of alcohol or controlled
8 substance.
9 * * *
10 (b) High rate of alcohol.--An individual may not drive,
11 operate or be in actual physical control of the movement of a
12 vehicle after imbibing a sufficient amount of alcohol such that
13 the alcohol concentration in the individual's blood or breath is
14 at least 0.10% but less than [0.16%] 0.15% within two hours
15 after the individual has driven, operated or been in actual
16 physical control of the movement of the vehicle.
17 (c) Highest rate of alcohol.--An individual may not drive,
18 operate or be in actual physical control of the movement of a
19 vehicle after imbibing a sufficient amount of alcohol such that
20 the alcohol concentration in the individual's blood or breath is
21 [0.16%] 0.15% or higher within two hours after the individual
22 has driven, operated or been in actual physical control of the
23 movement of the vehicle.
24 * * *
25 § 3804. Penalties.
26 (a) General impairment.--Except as set forth in subsection
27 (b) or (c), an individual who violates section 3802(a) (relating
28 to driving under influence of alcohol or controlled substance)
29 shall be sentenced as follows:
30 (1) For a first offense, to:
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1 (i) undergo a mandatory minimum term of six months'
2 probation;
3 (ii) pay a fine of $300;
4 (iii) attend an alcohol highway safety school
5 approved by the department; [and]
6 (iv) comply with all drug and alcohol treatment
7 requirements imposed under sections 3814 (relating to
8 drug and alcohol assessments) and 3815 (relating to
9 mandatory sentencing)[.]; and
10 (v) participate in and comply with the ignition
11 interlock program under section 3805 (relating to
12 ignition interlock).
13 (2) For a second offense, to:
14 (i) undergo imprisonment for not less than five
15 days;
16 (ii) pay a fine of not less than $300 nor more than
17 $2,500;
18 (iii) attend an alcohol highway safety school
19 approved by the department; [and]
20 (iv) comply with all drug and alcohol treatment
21 requirements imposed under sections 3814 and 3815[.]; and
22 (v) participate in and comply with the ignition
23 interlock program under section 3805.
24 (3) For a third or subsequent offense, to:
25 (i) undergo imprisonment of not less than ten days;
26 (ii) pay a fine of not less than $500 nor more than
27 $5,000; [and]
28 (iii) comply with all drug and alcohol treatment
29 requirements imposed under sections 3814 and 3815[.]; and
30 (iv) participate in and comply with the ignition
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1 interlock program under section 3805.
2 (b) High rate of blood alcohol; minors; commercial vehicles
3 and school buses and school vehicles; accidents.--Except as set
4 forth in subsection (c), an individual who violates section
5 3802(a)(1) where there was an accident resulting in bodily
6 injury, serious bodily injury or death of any person or damage
7 to a vehicle or other property or who violates section 3802(b),
8 (e) or (f) shall be sentenced as follows:
9 (1) For a first offense, to:
10 (i) undergo imprisonment of not less than 48
11 consecutive hours;
12 (ii) pay a fine of not less than $500 nor more than
13 $5,000;
14 (iii) attend an alcohol highway safety school
15 approved by the department; [and]
16 (iv) comply with all drug and alcohol treatment
17 requirements imposed under sections 3814 and 3815[.]; and
18 (v) participate in and comply with the ignition
19 interlock program under section 3805.
20 (2) For a second offense, to:
21 (i) undergo imprisonment of not less than 30 days;
22 (ii) pay a fine of not less than $750 nor more than
23 $5,000;
24 (iii) attend an alcohol highway safety school
25 approved by the department; [and]
26 (iv) comply with all drug and alcohol treatment
27 requirements imposed under sections 3814 and 3815[.]; and
28 (v) participate in and comply with the ignition
29 interlock program under section 3805.
30 (3) For a third offense, to:
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1 (i) undergo imprisonment of not less than 90 days;
2 (ii) pay a fine of not less than $1,500 nor more
3 than $10,000; [and]
4 (iii) comply with all drug and alcohol treatment
5 requirements imposed under sections 3814 and 3815[.]; and
6 (iv) participate in and comply with the ignition
7 interlock program under section 3805.
8 (4) For a fourth or subsequent offense, to:
9 (i) undergo imprisonment of not less than one year;
10 (ii) pay a fine of not less than $1,500 nor more
11 than $10,000; [and]
12 (iii) comply with all drug and alcohol treatment
13 requirements imposed under sections 3814 and 3815[.]; and
14 (iv) participate in and comply with the ignition
15 interlock program under section 3805.
16 (c) Incapacity; highest blood alcohol; controlled
17 substances.--An individual who violates section 3802(a)(1) and
18 refused testing of blood or breath or an individual who violates
19 section 3802(c) or (d) shall be sentenced as follows:
20 (1) For a first offense, to:
21 (i) undergo imprisonment of not less than 72
22 consecutive hours;
23 (ii) pay a fine of not less than $1,000 nor more
24 than $5,000;
25 (iii) attend an alcohol highway safety school
26 approved by the department; [and]
27 (iv) comply with all drug and alcohol treatment
28 requirements imposed under sections 3814 and 3815[.]; and
29 (v) participate in and comply with the ignition
30 interlock program under section 3805.
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1 (2) For a second offense, to:
2 (i) undergo imprisonment of not less than 90 days;
3 (ii) pay a fine of not less than $1,500;
4 (iii) attend an alcohol highway safety school
5 approved by the department; [and]
6 (iv) comply with all drug and alcohol treatment
7 requirements imposed under sections 3814 and 3815[.]; and
8 (v) participate in and comply with the ignition
9 interlock program under section 3805.
10 (3) For a third or subsequent offense, to:
11 (i) undergo imprisonment of not less than one year;
12 (ii) pay a fine of not less than $2,500; [and]
13 (iii) comply with all drug and alcohol treatment
14 requirements imposed under sections 3814 and 3815[.]; and
15 (iv) participate in and comply with the ignition
16 interlock program under section 3805.
17 * * *
18 (e) Suspension of operating privileges upon conviction.--
19 (1) The department shall suspend the operating privilege
20 of an individual under paragraph (2) upon receiving a
21 certified record of the individual's conviction of or an
22 adjudication of delinquency for:
23 (i) an offense under section 3802; or
24 (ii) an offense which is substantially similar to an
25 offense enumerated in section 3802 reported to the
26 department under Article III of the compact in section
27 1581 (relating to Driver's License Compact).
28 (2) Suspension under paragraph (1) shall be in
29 accordance with the following:
30 (i) Except as provided for in subparagraph (iii), 12
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1 months for an ungraded misdemeanor or misdemeanor of the
2 second degree under this chapter.
3 (ii) 18 months for a misdemeanor of the first degree
4 under this chapter.
5 (iii) [There shall be no suspension] 15 days for an
6 ungraded misdemeanor under section 3802(a) where the
7 person is subject to the penalties provided in subsection
8 (a) and the person has no prior offense.
9 (iv) For suspensions imposed under paragraph
10 (1)(ii), notwithstanding any provision of law or
11 enforcement agreement to the contrary, all of the
12 following apply:
13 (A) Suspensions shall be in accordance with
14 Subchapter D of Chapter 15 (relating to [the]
15 Driver's License Compact).
16 (B) In calculating the term of a suspension for
17 an offense that is substantially similar to an
18 offense enumerated in section 3802, the department
19 shall presume that if the conduct reported had
20 occurred in this Commonwealth then the person would
21 have been convicted under section 3802(a)(2).
22 (v) Notwithstanding any other provision of law or
23 enforcement agreement to the contrary, the department
24 shall suspend the operating privilege of a driver for six
25 months upon receiving a certified record of a consent
26 decree granted under 42 Pa.C.S. Ch. 63 (relating to
27 juvenile matters) based on section 3802.
28 * * *
29 Section 2. Section 3805(a), (b) and (c) of Title 75 are
30 amended and the section is amended by adding a subsection to
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1 read:
2 § 3805. Ignition interlock.
3 (a) General rule.--If a person violates section 3802
4 (relating to driving under influence of alcohol or controlled
5 substance) [and, within the past ten years, has a prior offense
6 as defined in section 3806(a) (relating to prior offenses)] or
7 has had their operating privileges suspended pursuant to section
8 1547(b.1) (relating to chemical testing to determine amount of
9 alcohol or controlled substance) or 3808(c) (relating to
10 illegally operating a motor vehicle not equipped with ignition
11 interlock) and the person seeks a restoration of operating
12 privileges, the department shall require as a condition of
13 issuing a restricted license pursuant to this section that [the
14 following occur:
15 (1) Each] each motor vehicle owned by the person or
16 registered to the person has been equipped with an ignition
17 interlock system and remains so for the duration of the
18 restricted license period.
19 [(2) If there are no motor vehicles owned by the person
20 or registered to the person that the person so certify to the
21 department. A person so certifying shall be deemed to have
22 satisfied the requirement that all motor vehicles owned by
23 the person or registered to the person be equipped with an
24 ignition interlock system as required by this subsection.]
25 (b) Application for a restricted license.--A person subject
26 to this section shall apply to the department for an ignition
27 interlock restricted license under section 1951 (relating to
28 driver's license and learner's permit), which shall be clearly
29 marked to restrict the person to only driving, operating or
30 being in actual physical control of the movement of motor
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1 vehicles equipped with an ignition interlock system[.] and shall
2 pay an application fee of $50 to the department. The department
3 shall:
4 (1) Upon issuance of an ignition interlock restricted
5 license to any person, [the department shall] notify the
6 person that until the person obtains an unrestricted license
7 the person may not own, register, drive, operate or be in
8 actual physical control of the movement of any motor vehicle
9 which is not equipped with an ignition interlock system.
10 (2) Require that a person subject to the requirements of
11 subsection (j) maintain an ignition interlock restricted
12 license for the following periods:
13 (i) An individual sentenced under section 3804(a)(1)
14 or (b)(1) (relating to penalties) shall be required to
15 maintain a restricted license for six months.
16 (ii) An individual sentenced under section
17 3804(a)(2) or (b)(2) shall be required to maintain a
18 restricted license for 12 months.
19 (iii) An individual sentenced under section
20 3804(c)(1) shall be required to maintain a restricted
21 license for 18 months.
22 (iv) An individual sentenced under section
23 3804(a)(3), 3804(b)(3) or (4) or (c)(2) shall be required
24 to maintain a restricted license for 24 months.
25 (v) An individual sentenced under section 3804(c)(3)
26 shall be required to maintain a restricted license for 36
27 months.
28 (3) Take into consideration the requirements under 23
29 U.S.C. §§ 164 (relating to minimum penalties for repeat
30 offenders for driving while intoxicated or driving under the
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1 influence) and 410 (relating to alcohol-impaired driving
2 countermeasures) and, notwithstanding section 3804(e)(2), may
3 reduce the suspension times from 12 and 18 months to 45 days
4 and apply restrictions as to driving purposes.
5 (c) Issuance of unrestricted license.--[One year from the
6 date of issuance of an ignition interlock restricted license]
7 The department shall not issue an unrestricted license until a
8 person has presented proof that the person has completed the
9 ignition interlock restricted license period as specified in
10 this section and fulfilled all obligations under the rental
11 agreement with the company that provided the ignition interlock
12 device. Upon completion of the restricted license requirements
13 under this section, if otherwise eligible, a person may be
14 issued a replacement license under section 1951(d) that does not
15 contain the ignition interlock system restriction.
16 * * *
17 (j) Ignition interlock program compliance.--A person with an
18 ignition interlock restricted license shall report to the
19 company responsible for servicing the ignition interlock system
20 no less frequently than every 60 days at which time the data
21 recorded by the device will be downloaded and the device and
22 vehicle will be inspected for tampering or circumvention.
23 Program compliance shall be based on monitor reports from
24 calendar months, or partial months in the case of the first or
25 last month. A violation of the program shall include:
26 (1) Any single event of tampering or circumvention in a
27 monitor report.
28 (2) Any missed running retest where the vehicle is still
29 running five minutes after the period allotted for the test
30 in a monitor report.
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1 (3) Any failed running retest where the vehicle is still
2 running five minutes after the period allotted for the test
3 in a monitor report.
4 (4) Failure to report for service of the interlock
5 device within five days after the scheduled service date.
6 (5) Three failed breath alcohol tests provided while
7 attempting to start the vehicle in a monitor report.
8 An individual shall not be assigned more than one violation per
9 monitor report. Each time an individual accumulates three
10 violations in 12 or less months the individual shall be subject
11 to a 90-day extension of the ignition interlock restricted
12 license requirement. An individual whose interlock restricted
13 license is extended by the department may petition the
14 department for a hearing to reconsider the extension. The
15 department shall develop rules defining necessary terms and
16 procedures and may consider extenuating and mitigating
17 circumstances in determining whether an extension to the
18 ignition interlock restricted license period should be assessed.
19 Section 3. Sections 3807(b)(2) and (d), 3808(c)(1) and
20 3814(2) of Title 75 are amended to read:
21 § 3807. Accelerated Rehabilitative Disposition.
22 * * *
23 (b) Evaluation and treatment.--
24 * * *
25 (2) The defendant shall be subject to a full assessment
26 for alcohol and drug addiction if any of the following apply:
27 (i) The evaluation under paragraph (1)(ii) indicates
28 a likelihood that the defendant is addicted to alcohol or
29 other drugs.
30 (ii) The defendant's blood alcohol content at the
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1 time of the offense was at least [0.16%] 0.15%.
2 * * *
3 (d) Mandatory suspension of operating privileges and
4 ignition interlock requirement.--As a condition of participation
5 in an Accelerated Rehabilitative Disposition program, the court
6 shall order the defendant's license suspended as follows:
7 (1) There shall be no license suspension if the
8 defendant's blood alcohol concentration at the time of
9 testing was less than 0.10%.
10 (2) For [30] 15 days if the defendant's blood alcohol
11 concentration at the time of testing was at least 0.10% but
12 less than [0.16%] 0.15%.
13 (3) For [60] 45 days after which the defendant shall
14 participate in and comply with the ignition interlock program
15 under section 3805 (relating to ignition interlock) for 12
16 months if:
17 (i) the defendant's blood alcohol concentration at
18 the time of testing was [0.16%] 0.15% or higher;
19 (ii) the defendant's blood alcohol concentration is
20 not known;
21 (iii) an accident which resulted in bodily injury or
22 in damage to a vehicle or other property occurred in
23 connection with the events surrounding the current
24 offense; or
25 (iv) the defendant was charged pursuant to section
26 3802(d).
27 (4) For 90 days if the defendant was a minor at the time
28 of the offense.
29 * * *
30 § 3808. Illegally operating a motor vehicle not equipped with
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1 ignition interlock.
2 * * *
3 (c) Suspension of operating privilege.--Notwithstanding
4 section 3805(c) and (i):
5 (1) If a person who is required to only drive, operate
6 or be in actual physical control of the movement of a motor
7 vehicle equipped with an ignition interlock system violates
8 this section, upon receipt of a certified record of the
9 conviction, the department shall not issue a replacement
10 license to the person under section 1951(d) (relating to
11 driver's license and learner's permit) [that does not contain
12 an ignition interlock restriction for a period of one year
13 from the date of conviction.] until the person has complied
14 with the requirements of section 3805.
15 * * *
16 § 3814. Drug and alcohol assessments.
17 If a defendant is convicted or pleads guilty or no contest to
18 a violation of section 3802 (relating to driving under influence
19 of alcohol or controlled substance), the following apply prior
20 to sentencing:
21 * * *
22 (2) The defendant shall be subject to a full assessment
23 for alcohol and drug addiction if any of the following
24 subparagraphs apply:
25 (i) The defendant, within ten years prior to the
26 offense for which sentence is being imposed, has been
27 sentenced for an offense under:
28 (A) section 3802;
29 (B) former section 3731; or
30 (C) an equivalent offense in another
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1 jurisdiction.
2 (ii) Either:
3 (A) the evaluation under paragraph (1) indicates
4 there is a need for counseling or treatment; or
5 (B) the defendant's blood alcohol content at the
6 time of the offense was at least [0.16%] 0.15%.
7 * * *
8 Section 4. This act shall take effect as follows:
9 (1) The addition of 75 Pa.C.S. § 3805(j) shall take
10 effect in 365 days.
11 (2) The remainder of this act shall take effect in 60
12 days.
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