THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRADFORD, BRIGGS, BURNS, CARROLL, D. COSTA, GROVE, HESS, KIRKLAND, KORTZ, MANN, McILVAINE SMITH, MELIO, MURPHY, PYLE, SIPTROTH AND VULAKOVICH, MARCH 24, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 24, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in driving after imbibing alcohol or utilizing

drugs, further prohibiting driving under the influence of

alcohol or controlled substance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3802(f) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3802.  Driving under influence of alcohol or controlled

substance.

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(f)  Commercial, emergency or school vehicles.--An individual

may not drive, operate or be in actual physical control of the

movement of a commercial vehicle, emergency 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)  0.04% 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 an emergency vehicle, a school bus or a school

vehicle.

(ii)  0.02% or greater within two hours after the

individual has driven, operated or been in actual

physical control of the movement of an emergency vehicle, 

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.

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Section 2.  This act shall take effect in 60 days.