Pennsylvania Statutes

75 PA. Cons. Stat.: Vehicles

Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs

     § 3814.  Drug and alcohol assessments.
        If a defendant is convicted or pleads guilty or no contest to
     a violation of section 3802 (relating to driving under influence
     of alcohol or controlled substance), the following apply prior
     to sentencing:
            (1)  The defendant shall be evaluated under section
        3816(a) (relating to requirements for driving under influence
        offenders) and any other additional evaluation techniques
        deemed appropriate by the court to determine the extent of
        the defendant's involvement with alcohol or other drug and to
        assist the court in determining what type of sentence would
        benefit the defendant and the public.
            (2)  The defendant shall be subject to a full assessment
        for alcohol and drug addiction if any of the following
        subparagraphs apply:
                (i)  The defendant, within ten years prior to the
            offense for which sentence is being imposed, has been
            sentenced for an offense under:
                    (A)  section 3802;
                    (B)  former section 3731; or
                    (C)  an equivalent offense in another
                jurisdiction.
                (ii)  Either:
                    (A)  the evaluation under paragraph (1) indicates
                there is a need for counseling or treatment; or
                    (B)  the defendant's blood alcohol content at the
                time of the offense was at least 0.16%.
            (3)  The assessment under paragraph (2) shall be
        conducted by one of the following:
                (i)  The Department of Health or its designee.
                (ii)  The county agency with responsibility for
            county drug and alcohol programs or its designee.
                (iii)  The clinical personnel of a facility licensed
            by the Department of Health for the conduct of drug and
            alcohol addiction treatment programs.
            (4)  The assessment under paragraph (2) shall consider
        issues of public safety and shall include recommendations for
        all of the following:
                (i)  Length of stay.
                (ii)  Levels of care.
                (iii)  Follow-up care and monitoring.

        Special Provisions in Appendix.  See section 18 of Act 24 of
     2003 in the appendix to this title for special provisions
     relating to applicability of sections 3814 and 3815.
        Cross References.  Section 3814 is referred to in sections
     3804, 3807, 3813, 3815, 3816 of this title; sections 9763, 9804
     of Title 42 (Judiciary and Judicial Procedure).

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