THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, STACK, VOGEL, ERICKSON, KASUNIC, ALLOWAY, WOZNIAK, D. WHITE, RAFFERTY, BREWSTER, TARTAGLIONE, FARNESE AND WARD, APRIL 25, 2011

REFERRED TO TRANSPORTATION, APRIL 25, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for driving under influence of

alcohol or controlled substance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3802(d) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3802.  Driving under influence of alcohol or controlled

substance.

* * *

(d)  Controlled substances.--An individual may not drive,

operate or be in actual physical control of the movement of a

vehicle under any of the following circumstances:

(1)  There is in the individual's blood any amount of a:

(i)  Schedule I 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;

(ii)  Schedule II or Schedule III controlled

substance, as defined in The Controlled Substance, Drug,

Device and Cosmetic Act, which has not been medically

prescribed for the individual; or

(iii)  metabolite of a substance under subparagraph

(i) or (ii).

(2)  The individual is under the influence of a drug or

combination of drugs to a degree which impairs the

individual's ability to safely drive, operate or be in actual

physical control of the movement of the vehicle.

(3)  The individual is under the combined influence of

alcohol and a drug or combination of drugs to a degree which

impairs the individual's ability to safely drive, operate or

be in actual physical control of the movement of the vehicle.

(4)  The individual is under the influence of a solvent

or noxious substance in violation of 18 Pa.C.S. § 7303 

(relating to sale or illegal use of certain solvents and

noxious substances).

(5)  There is in the individual's blood an amount of

methadone which exceeds the amount prescribed to the

individual or there is in the individual's blood any amount

of methadone in combination with alcohol or other drugs.

Section 2.  This act shall take effect in 60 days.