Pennsylvania Statutes
75 PA. Cons. Stat.: Vehicles
Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs
§ 3802. Driving under influence of alcohol or controlled
substance.
(a) General impairment.--
(1) An individual may not drive, operate or be in actual
physical control of the movement of a vehicle after imbibing
a sufficient amount of alcohol such that the individual is
rendered incapable of safely driving, operating or being in
actual physical control of the movement of the vehicle.
(2) An individual may not drive, operate or be in actual
physical control of the movement of a vehicle after imbibing
a sufficient amount of alcohol such that the alcohol
concentration in the individual's blood or breath is at least
0.08% but less than 0.10% within two hours after the
individual has driven, operated or been in actual physical
control of the movement of the vehicle.
(b) High rate of alcohol.--An individual may not drive,
operate or be in actual physical control of the movement of a
vehicle after imbibing a sufficient amount of alcohol such that
the alcohol concentration in the individual's blood or breath is
at least 0.10% but less than 0.16% within two hours after the
individual has driven, operated or been in actual physical
control of the movement of the vehicle.
(c) Highest rate of alcohol.--An individual may not drive,
operate or be in actual physical control of the movement of a
vehicle after imbibing a sufficient amount of alcohol such that
the alcohol concentration in the individual's blood or breath is
0.16% or higher within two hours after the individual has
driven, operated or been in actual physical control of the
movement of the vehicle.
(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).
(e) Minors.--A minor may not drive, operate or be in actual
physical control of the movement of a vehicle after imbibing a
sufficient amount of alcohol such that the alcohol concentration
in the minor's blood or breath is 0.02% or higher within two
hours after the minor has driven, operated or been in actual
physical control of the movement of the vehicle.
(f) Commercial or school vehicles.--An individual may not
drive, operate or be in actual physical control of the movement
of a commercial vehicle, school bus or school vehicle in any of
the following circumstances:
(1) After the individual has imbibed a sufficient amount
of alcohol such that the alcohol concentration in the
individual's blood or breath is:
(i) 0.04% or greater within two hours after the
individual has driven, operated or been in actual
physical control of the movement of a commercial vehicle
other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the
individual has driven, operated or been in actual
physical control of the movement of a school bus or a
school vehicle.
(2) After the individual has imbibed a sufficient amount
of alcohol such that the individual is rendered incapable of
safely driving, operating or being in actual physical control
of the movement of the vehicle.
(3) While the individual is under the influence of a
controlled substance or combination of controlled substances,
as defined in section 1603 (relating to definitions).
(4) While the individual is under the combined influence
of alcohol and a controlled substance or combination of
controlled substances, as defined in section 1603.
(g) Exception to two-hour rule.--Notwithstanding the
provisions of subsection (a), (b), (c), (e) or (f), where
alcohol or controlled substance concentration in an individual's
blood or breath is an element of the offense, evidence of such
alcohol or controlled substance concentration more than two
hours after the individual has driven, operated or been in
actual physical control of the movement of the vehicle is
sufficient to establish that element of the offense under the
following circumstances:
(1) where the Commonwealth shows good cause explaining
why the chemical test sample could not be obtained within two
hours; and
(2) where the Commonwealth establishes that the
individual did not imbibe any alcohol or utilize a controlled
substance between the time the individual was arrested and
the time the sample was obtained.
(May 11, 2006, P.L.155, No.36, eff. imd.)
2006 Amendment. Act 36 amended subsec. (g)(1). See the
preamble to Act 36 in the appendix to this title for special
provisions relating to legislative intent.
Cross References. Section 3802 is referred to in sections
1534, 1539, 1541, 1543, 1547, 1552, 1553, 1554, 1575, 1586,
1611, 3326, 3327, 3716, 3732, 3733, 3735, 3735.1, 3755, 3803,
3804, 3805, 3806, 3807, 3811, 3812, 3814, 3815, 3816, 3817, 6506
of this title; sections 6105, 7508.1 of Title 18 (Crimes and
Offenses); sections 933, 1515, 1725.3, 3571, 3573 of Title 42
(Judiciary and Judicial Procedure).
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