PRINTER'S NO. 110
No. 8 Session of 2003
INTRODUCED BY DENT, WONDERLING, MADIGAN, HELFRICK, LEMMOND, CORMAN, TOMLINSON, WENGER, RAFFERTY, THOMPSON, COSTA, KITCHEN AND C. WILLIAMS, FEBRUARY 3, 2003
REFERRED TO JUDICIARY, FEBRUARY 3, 2003
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for chemical testing to determine 3 amount of alcohol or controlled substance and for driving 4 under the influence of alcohol or controlled substances. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 1547(d) and 3731(a) and (a.1) of Title 8 75 of the Pennsylvania Consolidated Statutes are amended to 9 read: 10 § 1547. Chemical testing to determine amount of alcohol or 11 controlled substance. 12 * * * 13 (d) Presumptions from amount of alcohol.--If chemical 14 testing of a person's breath, blood or urine shows: 15 (1) That the amount of alcohol by weight in the blood of 16 an adult is 0.05% or less, it shall be presumed that the 17 adult was not under the influence of alcohol and the adult 18 shall not be charged with any violation under section
1 3731(a)(1), (4) or (5) (relating to driving under influence 2 of alcohol or controlled substance), or, if the adult was so 3 charged prior to the test, the charge shall be void ab 4 initio. This fact shall not give rise to any presumption 5 concerning a violation of section 3731(a)(2) or (3) or (i). 6 (2) That the amount of alcohol by weight in the blood of 7 an adult is in excess of 0.05% but less than [0.10%] 0.08%, 8 this fact shall not give rise to any presumption that the 9 adult was or was not under the influence of alcohol, but this 10 fact may be considered with other competent evidence in 11 determining whether the adult was or was not under the 12 influence of alcohol. This provision shall not negate the 13 provisions of section 3731(i). 14 (3) That the amount of alcohol by weight in the blood 15 of: 16 (i) an adult is [0.10%] 0.08% or more; or 17 (ii) a minor is 0.02% or more, 18 this fact may be introduced into evidence if the person is 19 charged with violating section 3731. 20 * * * 21 § 3731. Driving under influence of alcohol or controlled 22 substance. 23 (a) Offense defined.--A person shall not drive, operate or 24 be in actual physical control of the movement of a vehicle in 25 any of the following circumstances: 26 (1) While under the influence of alcohol to a degree 27 which renders the person incapable of safe driving. 28 (2) While under the influence of any controlled 29 substance, as defined in the act of April 14, 1972 (P.L.233, 30 No.64), known as The Controlled Substance, Drug, Device and 20030S0008B0110 - 2 -
1 Cosmetic Act, to a degree which renders the person incapable 2 of safe driving. 3 (3) While under the combined influence of alcohol and 4 any controlled substance to a degree which renders the person 5 incapable of safe driving. 6 (4) While the amount of alcohol by weight in the blood 7 of: 8 (i) an adult is [0.10%] 0.08% or greater; or 9 (ii) a minor is 0.02% or greater. 10 (a.1) Prima facie evidence.-- 11 (1) It is prima facie evidence that: 12 (i) an adult had [0.10%] 0.08% or more by weight of 13 alcohol in his or her blood at the time of driving, 14 operating or being in actual physical control of the 15 movement of any vehicle if the amount of alcohol by 16 weight in the blood of the person is equal to or greater 17 than [0.10%] 0.08% at the time a chemical test is 18 performed on a sample of the person's breath, blood or 19 urine; 20 (ii) a minor had 0.02% or more by weight of alcohol 21 in his or her blood at the time of driving, operating or 22 being in actual physical control of the movement of any 23 vehicle if the amount of alcohol by weight in the blood 24 of the minor is equal to or greater than 0.02% at the 25 time a chemical test is performed on a sample of the 26 person's breath, blood or urine; and 27 (iii) a person operating a commercial vehicle had 28 0.04% or more by weight of alcohol in his or her blood at 29 the time of driving, operating or being in actual 30 physical control of the movement of the commercial 20030S0008B0110 - 3 -
1 vehicle if the amount of alcohol by weight in the blood 2 of a person operating a commercial vehicle is equal to or 3 greater than 0.04% at the time a chemical test is 4 performed on a sample of the person's breath, blood or 5 urine. 6 (2) For the purposes of this section, the chemical test 7 of the sample of the person's breath, blood or urine shall be 8 from a sample obtained within three hours after the person 9 drove, operated or was in actual physical control of the 10 vehicle. 11 * * * 12 Section 2. This act shall take effect in 60 days. A2L75MSP/20030S0008B0110 - 4 -