2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3802 - Driving under influence of alcohol or controlled substance.

     § 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, 1725.5, 3571, 3573 of
     Title 42 (Judiciary and Judicial Procedure).