PRINTER'S NO. 1130
No. 1014 Session of 1995
INTRODUCED BY FAJT, STURLA, CLARK, L. I. COHEN, READSHAW,
VAN HORNE, CLYMER, WALKO, STABACK, STERN, SATHER, TRELLO,
E. Z. TAYLOR, LAUGHLIN, CARONE, MELIO, DeLUCA, BROWNE,
YOUNGBLOOD AND STEELMAN, MARCH 6, 1995
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 6, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for blood alcohol levels of persons under
3 21 years of age.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3731(a) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 (a) Offense defined.--A person shall not drive, operate or
11 be in actual physical control of the movement of any vehicle:
12 (1) while under the influence of alcohol to a degree
13 which renders the person incapable of safe driving;
14 (2) while under the influence of any controlled
15 substance, as defined in the act of April 14, 1972 (P.L.233,
16 No.64), known as The Controlled Substance, Drug, Device and
17 Cosmetic Act, to a degree which renders the person incapable
1 of safe driving;
2 (3) while under the combined influence of alcohol and
3 any controlled substance to a degree which renders the person
4 incapable of safe driving;
5 (4) while the amount of alcohol by weight in the blood
6 of the person is 0.10% or greater; [or]
7 (5) if the amount of alcohol by weight in the blood of
8 the person is 0.10% or greater at the time of a chemical test
9 of a sample of the person's breath, blood or urine, which
10 sample is:
11 (i) obtained within three hours after the person
12 drove, operated or was in actual physical control of the
13 vehicle; or
14 (ii) if the circumstances of the incident prevent
15 collecting the sample within three hours, obtained within
16 a reasonable additional time after the person drove,
17 operated or was in actual physical control of the
18 vehicle[.]; or
19 (6) if the amount of alcohol by weight in the blood of a
20 person under 21 years of age is greater than 0.00%.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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