PRINTER'S NO. 3143
No. 2197 Session of 2008
INTRODUCED BY RAMALEY, HARHAI, PAYNE, BIANCUCCI, SIPTROTH,
BEYER, CARROLL, FRANKEL, GILLESPIE, GRUCELA, HENNESSEY,
HORNAMAN, KULA, MAHONEY, McILVAINE SMITH, MOUL, MURT, MUSTIO,
M. O'BRIEN, PETRONE, K. SMITH, SURRA, J. TAYLOR, J. WHITE AND
YOUNGBLOOD, JANUARY 28, 2008
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2008
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further prohibiting driving under the influence of
3 alcohol or controlled substance.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3802(f) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3802. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (f) Commercial, emergency or school vehicles.--An individual
12 may not drive, operate or be in actual physical control of the
13 movement of a commercial vehicle, emergency vehicle, school bus
14 or school vehicle in any of the following circumstances:
15 (1) After the individual has imbibed a sufficient amount
16 of alcohol such that the alcohol concentration in the
17 individual's blood or breath is:
1 (i) 0.04% or greater within two hours after the
2 individual has driven, operated or been in actual
3 physical control of the movement of a commercial vehicle
4 other than an emergency vehicle, a school bus or a school
5 vehicle.
6 (ii) 0.02% or greater within two hours after the
7 individual has driven, operated or been in actual
8 physical control of the movement of an emergency vehicle,
9 a school bus or a school vehicle.
10 (2) After the individual has imbibed a sufficient amount
11 of alcohol such that the individual is rendered incapable of
12 safely driving, operating or being in actual physical control
13 of the movement of the vehicle.
14 (3) While the individual is under the influence of a
15 controlled substance or combination of controlled substances,
16 as defined in section 1603 (relating to definitions).
17 (4) While the individual is under the combined influence
18 of alcohol and a controlled substance or combination of
19 controlled substances, as defined in section 1603.
20 * * *
21 Section 2. This act shall take effect in 60 days.
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