PRINTER'S NO. 2136
No. 1721 Session of 2001
INTRODUCED BY C. WILLIAMS, BEBKO-JONES, COLEMAN, CREIGHTON,
CURRY, FLICK, HORSEY, MANDERINO, MELIO, ROSS, STEIL,
E. Z. TAYLOR, THOMAS AND J. WILLIAMS, JUNE 11, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further prohibiting driving under 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 3731(a) and (a.1) and (d) of Title 75 of
7 the Pennsylvania Consolidated Statutes are amended 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 a vehicle in
12 any of the following circumstances:
13 (1) While under the influence of alcohol to a degree
14 which renders the person incapable of safe driving.
15 (2) While under the influence of any controlled
16 substance, as defined in the act of April 14, 1972 (P.L.233,
17 No.64), known as The Controlled Substance, Drug, Device and
18 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:
7 (i) an adult is [0.10%] 0.08% or greater; or
8 (ii) a minor is 0.02% or greater.
9 (a.1) Prima facie evidence.--
10 (1) It is prima facie evidence that:
11 (i) an adult had [0.10%] 0.08% or more by weight of
12 alcohol in his or her blood at the time of driving,
13 operating or being in actual physical control of the
14 movement of any vehicle if the amount of alcohol by
15 weight in the blood of the person is equal to or greater
16 than 0.10% at the time a chemical test is performed on a
17 sample of the person's breath, blood or urine;
18 (ii) a minor had 0.02% or more by weight of alcohol
19 in his or her blood at the time of driving, operating or
20 being in actual physical control of the movement of any
21 vehicle if the amount of alcohol by weight in the blood
22 of the minor is equal to or greater than 0.02% at the
23 time a chemical test is performed on a sample of the
24 person's breath, blood or urine; and
25 (iii) a person operating a commercial vehicle had
26 0.04% or more by weight of alcohol in his or her blood at
27 the time of driving, operating or being in actual
28 physical control of the movement of the commercial
29 vehicle if the amount of alcohol by weight in the blood
30 of a person operating a commercial vehicle is equal to or
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1 greater than 0.04% at the time a chemical test is
2 performed on a sample of the person's breath, blood or
3 urine.
4 (2) For the purposes of this section, the chemical test
5 of the sample of the person's breath, blood or urine shall be
6 from a sample obtained within three hours after the person
7 drove, operated or was in actual physical control of the
8 vehicle.
9 * * *
10 (d) Certain dispositions prohibited.--The attorney for the
11 Commonwealth shall not submit a charge brought under this
12 section for Accelerated Rehabilitative Disposition if:
13 (1) the defendant has been found guilty of or accepted
14 Accelerated Rehabilitative Disposition of a charge brought
15 under this section within seven years of the date of the
16 current offense;
17 (2) the defendant committed any other act in connection
18 with the present offense which, in the judgment of the
19 attorney for the Commonwealth, constitutes a violation of any
20 of the specific offenses enumerated within section 1542
21 (relating to revocation of habitual offender's license); or
22 (3) an accident occurred in connection with the events
23 surrounding the current offense [and any person, other than
24 the defendant, was killed or seriously injured as a result of
25 the accident].
26 * * *
27 Section 2. This act shall take effect in 60 days.
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