§ 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 trafficway 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 or adjudication of delinquency, be sentenced to pay a fine of $200.

(b)  Certain offenses.--

(1)  The following shall apply:

(i)  A person who drives a motor vehicle on a highway or trafficway 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 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 a first 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.

(ii)  A second violation of this paragraph shall constitute a summary offense and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for not less than 90 days.

(iii)  A third or subsequent violation of this paragraph shall constitute a misdemeanor of the third degree and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.

(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 or who refuses testing of blood or breath and who drives a motor vehicle on any highway or trafficway 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 former section 3731 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 3802 or 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 than 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 than 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 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 or adjudication of delinquency of any person under this section, the department shall suspend or revoke the person's operating privilege as follows:

(1)  Except as provided for under paragraph (1.1), 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.

(1.1)  If the department's records show that the person was under an indefinite suspension on the date of violation for not satisfactorily completing a driver improvement school as required under section 1538 (relating to school, examination or hearing on accumulation of points or excessive speeding), and had not been restored, the department shall suspend the person's operating privilege for an additional 30-day 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.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Nov. 23, 1987, P.L.399, No.82, eff. 60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; July 5, 2012, P.L.914, No.93, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. 15 months; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Nov. 3, 2022, P.L.1783, No.120, eff. 14 mos.)

 

2022 Amendment. Act 120 amended subsec. (c).

2022 Unconstitutionality.  Section 1543(b)(1)(ii) was declared unconstitutional on March 8, 2022, by the Superior Court of Pennsylvania in Commonwealth v. Jackson, 271 A.3d 1286 (Pa. Super 2022).

2021 Unconstitutionality.  Section 1543(b)(1.1)(i) was declared unconstitutional on April 29, 2021, by the Supreme Court of Pennsylvania in Commonwealth v. Eid, 249 A.3d 1030 (Pa. 2021).

2018 Amendment.  Act 153 amended subsec. (b)(1).

2017 Amendment.  Act 30 amended subsecs. (a) and (c).

2012 Amendment.  Act 93 amended subsec. (b)(1.1)(i).

2003 Amendment.  Act 24 amended subsec. (b).

1994 Amendment.  Act 143 amended subsecs. (b) and (c). See section 4 of Act 143 in the appendix to this title for special provisions relating to habitual offenders.

1987 Amendment.  Act 82 added subsec. (d).

Cross References.  Section 1543 is referred to in sections 1540, 1541, 1542, 1547, 1549, 1553, 1554, 3732, 3732.1, 3735.1, 3807, 3811, 3812, 6309.1, 6503, 6506 of this title; section 8137 of Title 35 (Health and Safety); sections 1522, 1725.3, 5553, 9763 of Title 42 (Judiciary and Judicial Procedure).