Pennsylvania Statutes

75 PA. Cons. Stat.: Vehicles

Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs

     § 3806.  Prior offenses.
        (a)  General rule.--Except as set forth in subsection (b),
     the term "prior offense" as used in this chapter shall mean a
     conviction, adjudication of delinquency, juvenile consent
     decree, acceptance of Accelerated Rehabilitative Disposition or
     other form of preliminary disposition before the sentencing on
     the present violation for any of the following:
            (1)  an offense under section 3802 (relating to driving
        under influence of alcohol or controlled substance);
            (2)  an offense under former section 3731;
            (3)  an offense substantially similar to an offense under
        paragraph (1) or (2) in another jurisdiction; or
            (4)  any combination of the offenses set forth in
        paragraph (1), (2) or (3).
        (b)  Repeat offenses within ten years.--The calculation of
     prior offenses for purposes of sections 1553(d.2) (relating to
     occupational limited license), 3803 (relating to grading) and
     3804 (relating to penalties) shall include any conviction,
     adjudication of delinquency, juvenile consent decree, acceptance
     of Accelerated Rehabilitative Disposition or other form of
     preliminary disposition within the ten years before the present
     violation occurred for any of the following:
            (1)  an offense under section 3802;
            (2)  an offense under former section 3731;
            (3)  an offense substantially similar to an offense under
        paragraph (1) or (2) in another jurisdiction; or
            (4)  any combination of the offenses set forth in
        paragraph (1), (2) or (3).
     (Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

        2004 Amendment.  Section 6(1) of Act 177 provided that the
     amendment shall apply to sentences imposed on or after the
     effective date of section 6.
        Cross References.  Section 3806 is referred to in sections
     1553, 3805 of this title.

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