PRINTER'S NO. 2807
No. 2183 Session of 1982
INTRODUCED BY ALDEN, ARTY, GANNON, PITTS, KUKOVICH, ZWIKL AND
GRUITZA, JANUARY 26, 1982
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 1982
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for revocation or suspension of
3 operating privileges, chemical tests, driving while under the
4 influence of alcohol or controlled substance and subsequent
5 convictions.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1532 of Title 75, act of November 25,
9 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
10 Statutes, is amended to read:
11 § 1532. Revocation or suspension of operating privilege.
12 (a) Revocation.--The department shall revoke the operating
13 privilege of any driver for one year upon receiving a certified
14 record of the driver's conviction of any of the following
15 offenses:
16 (1) Any felony in the commission of which a court
17 determines that a vehicle was essentially involved.
18 (2) Any subsequent violation of section 3731 (relating
19 to driving under influence of alcohol or controlled
1 substance) [within three years of a prior violation].
2 (3) Any violation of the following provisions:
3 Section 3732 (relating to homicide by vehicle).
4 Section 3742 (relating to accidents involving death
5 or personal injury).
6 Section 7102(b) (relating to removal or falsification
7 of identification number).
8 Section 7103(b) (relating to dealing in vehicles with
9 removed or falsified numbers).
10 Section 7111 (relating to dealing in titles and
11 plates for stolen vehicles).
12 Section 7121 (relating to false application for
13 certificate of title or registration).
14 Section 7122 (relating to altered, forged or
15 counterfeit documents and plates).
16 (b) Suspension.--
17 (1) The department shall suspend the operating privilege
18 of any driver for six months upon receiving a certified
19 record of the driver's conviction of any offense under the
20 following provisions:
21 Section 3367 (relating to racing on highways).
22 Section 3731 (relating to driving under influence of
23 alcohol or controlled substance).
24 Section 3733 (relating to fleeing or attempting to
25 elude police officer).
26 Section 3734 (relating to driving without lights to
27 avoid identification or arrest).
28 Section 3743 (relating to accidents involving damage
29 to attended vehicle or property).
30 (2) The department shall suspend the operating privilege
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1 of a driver for six months upon receiving a certified record
2 of the driver's admission into an Accelerated Rehabilitative
3 Disposition program where the driver has been charged with a
4 violation of section 3731.
5 [(2)] (3) The department shall suspend the operating
6 privilege of any driver for six months upon receiving a
7 certified record of the driver's conviction of a subsequent
8 offense under the following provisions:
9 Section 1501(a) (relating to drivers required to be
10 licensed).
11 Section 1543 (relating to driving while operating
12 privilege is suspended or revoked).
13 [(3)] (4) This subsection does not effect an additional
14 period of revocation of the operating privileges of a driver
15 who receives an additional period of revocation for a second
16 or subsequent violation of section 1543.
17 Section 2. Subsections (b)and (c) of section 1547 of Title
18 75 are amended and a subsection is added to read:
19 § 1547. Chemical test to determine amount of alcohol.
20 * * *
21 (b) [Suspension for refusal] Refusal to take test.--
22 (1) If any person placed under arrest for driving under
23 the influence of alcohol is requested to submit to a chemical
24 test and refuses to do so, the test shall not be given but
25 upon notice by the police officer, the department shall:
26 (i) suspend the operating privilege of the person
27 for a period of six months; or
28 (ii) revoke the operating privilege of the person
29 for a period of one year for a second or subsequent
30 refusal within a period of three years.
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1 (2) It shall be the duty of the police officer to inform
2 the person that the person's operating privilege will be
3 suspended or revoked upon refusal to submit to a chemical
4 test. That refusal to submit to the chemical test could be
5 used as evidence in a criminal proceeding and that refusal
6 will preclude the person from consideration for an
7 Accelerated Rehabilitative Disposition program.
8 (3) Any person whose operating privilege is suspended
9 under the provisions of this section shall have the same
10 right of appeal as provided for in cases of suspension or
11 revocation for other reasons.
12 (c) Test results or refusal admissible in evidence.--In any
13 summary proceeding or criminal proceeding in which the defendant
14 is charged with driving a motor vehicle while under the
15 influence of alcohol[, the]:
16 (1) The amount of alcohol in the defendant's blood, as
17 shown by a chemical analysis of his breath or blood, which
18 analysis was conducted with equipment of a type approved by
19 the Department of Health and operated by qualified personnel,
20 shall be admissible in evidence.
21 (2) The refusal of a person to submit to a chemical test
22 shall be admissible in evidence and this fact shall give rise
23 to a presumption that the person was under the influence of
24 alcohol or a controlled substance.
25 * * *
26 (k) Certain person ineligible for Accelerated Rehabilitative
27 Disposition.--Any person who refuses to submit to a chemical
28 test shall be ineligible for admission into an Accelerated
29 Rehabilitative Disposition program.
30 Section 3. Section 3731 of Title 75 is amended and a
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1 subsection is added to read:
2 § 3731. Driving under influence of alcohol or controlled
3 substance.
4 * * *
5 (d) Penalty.--Any person violating any of the provisions of
6 this section [is guilty of a misdemeanor of the third degree.]:
7 (1) Commits a misdemeanor of the third degree where the
8 amount of alcohol in the blood of the person charged is 0.10%
9 to 0.19%.
10 (2) Commits a misdemeanor of the second degree where the
11 amount of alcohol in the blood of the person charged is
12 greater than 0.19%.
13 (3) Shall, regardless of the amount of alcohol in the
14 blood of the person charged and notwithstanding any other
15 sentence the court may impose, be sentenced to pay a fine of
16 not less than $500.
17 (e) Driving instruction.--The court shall require any person
18 who violates the provisions of this section to attend a course
19 of instruction on the problems of alcohol and driving and shall
20 direct that the cost of attending the course of instruction be
21 paid by the violator.
22 Section 4. Section 6503 of Title 75 is amended to read:
23 § 6503. Subsequent convictions of certain offenses.
24 (a) General rule.--Every person convicted of a second or
25 subsequent violation of any of the following provisions shall be
26 sentenced to pay a fine of not less than $200 nor more than
27 $1,000 or to imprisonment for not more than one year, or both:
28 Section 1501(a) (relating to drivers required to be
29 licensed).
30 Section 1543 (relating to driving while operating
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1 privilege is suspended or revoked).
2 Section 3367 (relating to racing on highways).
3 Section 3733 (relating to fleeing or attempting to elude
4 police officer).
5 Section 3734 (relating to driving without lights to avoid
6 identification or arrest).
7 Section 3748 (relating to false reports).
8 (b) Driving under influence of alcohol or controlled
9 substance.--A person convicted of a second or subsequent
10 violation of section 3731 (relating to driving under influence
11 of alcohol or controlled substance) shall be sentenced to pay a
12 fine of not less than $500 and may be sentenced to a term of
13 imprisonment not exceeding two years.
14 Section 5. This act shall take effect in 90 days.
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