2010 Pennsylvania Code
Title 34 - GAME
Chapter 25 - Protection of Property and Persons
2502 - Chemical test to determine amount of alcohol.

     § 2502.  Chemical test to determine amount of alcohol.
        (a)  General rule.--Any person who hunts or takes or
     attempts, aids, abets, assists or conspires to hunt or take
     game, furbearers or wildlife shall be deemed to have given
     consent to a chemical test of breath, blood or urine for the
     purpose of determining the alcoholic content of blood or the
     presence of a controlled substance if any officer whose duty it
     is to enforce this title shall have reasonable grounds to
     believe the person to have been hunting or taking, or assisting
     or attempting to hunt or take, game, furbearers or wildlife
     while under the influence of alcohol or a controlled substance.
     The test shall be administered by personnel and equipment
     approved by regulation of the commission.
        (b)  Suspension for refusal.--
            (1)  If any person apprehended for hunting or taking, or
        aiding or assisting to hunt or take, game, furbearers or
        wildlife while under the influence of alcohol or a controlled
        substance, or both, is requested to submit to a chemical test
        and refuses to do so, the test shall not be given, but, upon
        notice by the officer, the commission shall, in addition to
        any other penalty which may be imposed under this section:
                (i)  suspend the hunting and trapping privileges of
            the person for a period of one year; or
                (ii)  revoke the hunting and trapping privileges of
            the person for a period of three years for a second or
            subsequent refusal within a period of three years.
            (2)  It shall be the duty of the officer to inform the
        person that the person's hunting and trapping privileges will
        be suspended or revoked upon refusal to submit to a chemical
        test.
     Any person whose hunting and trapping privileges are suspended
     under the provisions of this section shall have the same right
     of appeal as provided for in cases of suspension or revocation
     for other reasons.
        (c)  Test results admissible in evidence.--In any summary
     proceeding or criminal proceeding in which the defendant is
     charged with hunting or taking, or assisting, aiding or
     attempting to hunt or take, game, furbearers or wildlife while
     under the influence of alcohol or a controlled substance, the
     amount of alcohol or controlled substance in the defendant's
     blood, as shown by a chemical testing of his breath, blood or
     urine, which testing was conducted with equipment of a type
     approved by regulation of the commission and operated by
     approved personnel, shall be admissible in evidence.
        (d)  Presumptions from amount of alcohol.--If chemical
     analysis of a person's breath, blood or urine shows:
            (1)  That the amount of alcohol by weight in the blood of
        the person tested is 0.05% or less, it shall be presumed that
        the person tested was not under the influence of alcohol, and
        the person shall not be charged with any violation under
        section 2501 (relating to hunting or furtaking prohibited
        while under influence of alcohol or controlled substance),
        or, if the person was so charged prior to the test, the
        charge shall be void ab initio.
            (2)  That the amount of alcohol by weight in the blood of
        the person tested is in excess of 0.05% but less than 0.10%,
        this fact shall not give rise to any presumption that the
        person tested was or was not under the influence of alcohol,
        but this fact may be considered with other competent evidence
        in determining whether the person was or was not under the
        influence of alcohol.
            (3)  That the amount of alcohol by weight in the blood of
        the person tested is 0.10% or more, it shall be presumed that
        the defendant was under the influence of alcohol.
        (e)  Other evidence admissible.--Subsections (a) through (d)
     shall not be construed as limiting the introduction of any other
     competent evidence bearing upon the question of whether or not
     the defendant was under the influence of alcohol or a controlled
     substance.
        (f)  Test results available to defendant.--Upon the request
     of the person tested, the results of any chemical test shall be
     made available to that person or his attorney.
        (g)  Blood test in lieu of breath test.--If for any reason a
     person is physically unable to supply enough breath to complete
     a chemical test, a physician or nurse, or a technician acting
     under a physician's direction, may withdraw blood for the
     purpose of determining its alcoholic content. The chemical
     analysis of the blood taken under these circumstances shall be
     admissible in evidence in the same manner as are the results of
     the breath chemical test. The hunting and trapping privileges of
     any person who refuses to allow a blood test under these
     circumstances shall be suspended pursuant to subsection (b).
        (h)  Test by personal physician.--The person tested shall be
     permitted to have a physician of his own choosing administer an
     additional breath, blood or urine chemical test, and the results
     of the test shall also be admissible in evidence. The chemical
     test given at the direction of a commission-approved officer
     shall not be delayed by a person's attempt to obtain an
     additional test.
        (i)  Immunity from civil liability.--No physician, nurse or
     technician or hospital employing the physician, nurse or
     technician or other employer of the physician, nurse or
     technician shall be civilly liable for the withdrawing of blood
     and reporting of test results at the request of the commission
     officer pursuant to this section.
        (j)  Prearrest breath test authorized.--An officer of the
     commission, having reasonable suspicion to believe a person is
     hunting or furtaking while under the influence of alcohol, may
     require that person prior to arrest to submit to a preliminary
     breath test on a device approved by the commission for this
     purpose. The sole purpose of this preliminary breath test is to
     assist the officer in determining whether or not the person
     should be placed under arrest. The preliminary breath test shall
     be in addition to any other requirements of this section. No
     person has any right to expect or demand a preliminary breath
     test. Refusal to submit to this test shall not be considered for
     purposes of subsections (b) and (e).