1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for grading of driving under
3influence of alcohol or controlled substance offenses.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3803(b) of Title 75 of the Pennsylvania
7Consolidated Statutes, amended May 8, 2012 (P.L.255, No.39), is
8amended to read:

9§ 3803. Grading.

10* * *

11(b) Other offenses.--

12(1) An individual who violates section 3802(a)(1) where
13there was an accident resulting in bodily injury, serious
14bodily injury or death of any person or in damage to a
15vehicle or other property, or who violates section 3802(b),
16(e) or (f) and who has no more than one prior offense commits
17a misdemeanor for which the individual may be sentenced to a

1term of imprisonment of not more than six months and to pay a
2fine under section 3804.

3(2) An individual who violates section 3802(a)(1) where
4the individual refused testing of blood or breath, or who
5violates section 3802(c) or (d) and who has no prior offenses
6commits a misdemeanor for which the individual may be
7sentenced to a term of imprisonment of not more than six
8months and to pay a fine under section 3804.

9(3) An individual who violates section 3802(a)(1) where
10there was an accident resulting in bodily injury, serious
11bodily injury or death of any person or in damage to a
12vehicle or other property, or who violates section 3802(b),
13(e) or (f) and who has more than one prior offense commits a
14misdemeanor of the first degree.

15(4) An individual who violates section 3802(a)(1) where
16the individual refused testing of blood or breath, or who
17violates section 3802(c) or (d) and who has one or more prior
18offenses commits a misdemeanor of the first degree.

19(5) An individual who violates section 3802 where a
20minor under 18 years of age was an occupant in the vehicle
21when the violation occurred commits a misdemeanor of the
22first degree.

23(6) An individual who violates section 3802 and who has
24been convicted of a prior offense under section 3735
25(relating to homicide by vehicle while driving under
26influence) commits a felony of the third degree.

27Section 2. This act shall take effect in 60 days.