2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3804 - Penalties.

     § 3804.  Penalties.
        (a)  General impairment.--Except as set forth in subsection
     (b) or (c), an individual who violates section 3802(a) (relating
     to driving under influence of alcohol or controlled substance)
     shall be sentenced as follows:
            (1)  For a first offense, to:
                (i)  undergo a mandatory minimum term of six months'
            probation;
                (ii)  pay a fine of $300;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 (relating to
            drug and alcohol assessments) and 3815 (relating to
            mandatory sentencing).
            (2)  For a second offense, to:
                (i)  undergo imprisonment for not less than five
            days;
                (ii)  pay a fine of not less than $300 nor more than
            $2,500;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (3)  For a third or subsequent offense, to:
                (i)  undergo imprisonment of not less than ten days;
                (ii)  pay a fine of not less than $500 nor more than
            $5,000; and
                (iii)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
        (b)  High rate of blood alcohol; minors; commercial vehicles
     and school buses and school vehicles; accidents.--Except as set
     forth in subsection (c), an individual who violates section
     3802(a)(1) where there was an accident resulting in bodily
     injury, serious bodily injury or death of any person or damage
     to a vehicle or other property or who violates section 3802(b),
     (e) or (f) shall be sentenced as follows:
            (1)  For a first offense, to:
                (i)  undergo imprisonment of not less than 48
            consecutive hours;
                (ii)  pay a fine of not less than $500 nor more than
            $5,000;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (2)  For a second offense, to:
                (i)  undergo imprisonment of not less than 30 days;
                (ii)  pay a fine of not less than $750 nor more than
            $5,000;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (3)  For a third offense, to:
                (i)  undergo imprisonment of not less than 90 days;
                (ii)  pay a fine of not less than $1,500 nor more
            than $10,000; and
                (iii)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (4)  For a fourth or subsequent offense, to:
                (i)  undergo imprisonment of not less than one year;
                (ii)  pay a fine of not less than $1,500 nor more
            than $10,000; and
                (iii)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
        (c)  Incapacity; highest blood alcohol; controlled
     substances.--An individual who violates section 3802(a)(1) and
     refused testing of blood or breath or an individual who violates
     section 3802(c) or (d) shall be sentenced as follows:
            (1)  For a first offense, to:
                (i)  undergo imprisonment of not less than 72
            consecutive hours;
                (ii)  pay a fine of not less than $1,000 nor more
            than $5,000;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (2)  For a second offense, to:
                (i)  undergo imprisonment of not less than 90 days;
                (ii)  pay a fine of not less than $1,500;
                (iii)  attend an alcohol highway safety school
            approved by the department; and
                (iv)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
            (3)  For a third or subsequent offense, to:
                (i)  undergo imprisonment of not less than one year;
                (ii)  pay a fine of not less than $2,500; and
                (iii)  comply with all drug and alcohol treatment
            requirements imposed under sections 3814 and 3815.
        (d)  Extended supervision of court.--If a person is sentenced
     pursuant to this chapter and, after the initial assessment
     required by section 3814(1), the person is determined to be in
     need of additional treatment pursuant to section 3814(2), the
     judge shall impose a minimum sentence as provided by law and a
     maximum sentence equal to the statutorily available maximum. A
     sentence to the statutorily available maximum imposed pursuant
     to this subsection may, in the discretion of the sentencing
     court, be ordered to be served in a county prison,
     notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to
     sentencing proceeding; place of confinement).
        (e)  Suspension of operating privileges upon conviction.--
            (1)  The department shall suspend the operating privilege
        of an individual under paragraph (2) upon receiving a
        certified record of the individual's conviction of or an
        adjudication of delinquency for:
                (i)  an offense under section 3802; or
                (ii)  an offense which is substantially similar to an
            offense enumerated in section 3802 reported to the
            department under Article III of the compact in section
            1581 (relating to Driver's License Compact).
            (2)  Suspension under paragraph (1) shall be in
        accordance with the following:
                (i)  Except as provided for in subparagraph (iii), 12
            months for an ungraded misdemeanor or misdemeanor of the
            second degree under this chapter.
                (ii)  18 months for a misdemeanor of the first degree
            under this chapter.
                (iii)  There shall be no suspension for an ungraded
            misdemeanor under section 3802(a) where the person is
            subject to the penalties provided in subsection (a) and
            the person has no prior offense.
                (iv)  For suspensions imposed under paragraph
            (1)(ii), notwithstanding any provision of law or
            enforcement agreement to the contrary, all of the
            following apply:
                    (A)  Suspensions shall be in accordance with
                Subchapter D of Chapter 15 (relating to the Driver's
                License Compact).
                    (B)  In calculating the term of a suspension for
                an offense that is substantially similar to an
                offense enumerated in section 3802, the department
                shall presume that if the conduct reported had
                occurred in this Commonwealth then the person would
                have been convicted under section 3802(a)(2).
                (v)  Notwithstanding any other provision of law or
            enforcement agreement to the contrary, the department
            shall suspend the operating privilege of a driver for six
            months upon receiving a certified record of a consent
            decree granted under 42 Pa.C.S. Ch. 63 (relating to
            juvenile matters) based on section 3802.
        (f)  Community service assignments.--In addition to the
     penalties set forth in this section, the sentencing judge may
     impose up to 150 hours of community service. Where the
     individual has been ordered to drug and alcohol treatment
     pursuant to sections 3814 and 3815, the community service shall
     be certified by the drug and alcohol treatment program as
     consistent with any drug and alcohol treatment requirements
     imposed under sections 3814 and 3815.
        (f.1)  Victim impact panels.--
            (1)  In addition to any other penalty imposed under this
        section, the court may order a person who violates section
        3802 to attend a victim impact panel program.
            (2)  A victim impact panel program shall provide a
        nonconfrontational forum for driving under the influence
        crash victims, their family members, their friends or other
        pertinent persons to speak to driving under the influence
        offenders about the impact of the crash on victims' lives and
        on the lives of families, friends and neighbors.
            (3)  A victim impact panel shall be administrated through
        the local office of probation and parole or other office as
        the court shall determine and shall be operated in
        consultation with the Mothers Against Drunk Driving -
        Pennsylvania State Organization.
            (4)  A victim impact panel program may assess a
        reasonable participation fee to achieve program self-
        sufficiency but may not operate for profit. The department
        shall establish an acceptable range of fees.
            (5)  The department shall develop standards and
        incentives to encourage counties to establish victim impact
        panel programs. In developing these standards, the department
        shall establish and chair a coordinating committee among
        pertinent agencies and organizations, including the
        Department of Health, the Pennsylvania Commission on Crime
        and Delinquency, the Office of Victim Advocate, the
        Administrative Office of Pennsylvania Courts, county
        officials, the Mothers Against Drunk Driving - Pennsylvania
        State Organization and the Pennsylvania DUI Association. The
        standards shall address items including all of the following:
                (i)  Prototype design and structure standards for
            victim impact panels.
                (ii)  Training standards and curricula for
            presenters, facilitators and administrators.
                (iii)  Operations policy and guidelines manual.
                (iv)  Evaluation standards, design and structure
            allowing for the tracking and analysis of recidivism
            data.
                (v)  Standards for counseling and debriefing
            activities for victim presenters.
                (vi)  Standards for reimbursing reasonable costs to
            victims for participation in panels.
                (vii)  Assistance to counties through coordinating
            potential Federal and State funding streams to carry out
            this subsection and to assist counties as may be needed.
        (g)  Sentencing guidelines.--The sentencing guidelines
     promulgated by the Pennsylvania Commission on Sentencing shall
     not supersede the mandatory penalties of this section.
        (h)  Appeal.--The Commonwealth has the right to appeal
     directly to the Superior Court any order of court which imposes
     a sentence for violation of this section which does not meet the
     requirements of this section. The Superior Court shall remand
     the case to the sentencing court for imposition of a sentence in
     accordance with the provisions of this section.
        (i)  First class cities.--Notwithstanding the provision for
     direct appeal to the Superior Court, if, in a city of the first
     class, a person appeals from a judgment of sentence under this
     section from the municipal court to the common pleas court for a
     trial de novo, the Commonwealth shall have the right to appeal
     directly to the Superior Court from the order of the common
     pleas court if the sentence imposed is in violation of this
     section. If, in a city of the first class, a person appeals to
     the court of common pleas after conviction of a violation of
     this section in the municipal court and thereafter withdraws his
     appeal to the common pleas court, thereby reinstating the
     judgment of sentence of the municipal court, the Commonwealth
     shall have 30 days from the date of the withdrawal to appeal to
     the Superior Court if the sentence is in violation of this
     section.
        (j)  Additional conditions.--In addition to any other penalty
     imposed under law, the court may sentence a person who violates
     section 3802 to any other requirement or condition consistent
     with the treatment needs of the person, the restoration of the
     victim to preoffense status or the protection of the public.
        (k)  Nonapplicability.--Except for subsection (e), this
     section shall not apply to dispositions resulting from
     proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile
     matters).
     (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006,
     P.L.155, No.36, eff. imd.)

        2006 Amendment.  Act 36 added subsec. (f.1). See the preamble
     to Act 36 in the appendix to this title for special provisions
     relating to legislative intent.
        2004 Amendment.  Act 177 amended subsecs. (a), (b) and (c)
     and added subsec. (k).
        Cross References.  Section 3804 is referred to in section
     7508.1 of Title 18 (Crimes and Offenses); sections 1547, 1548,
     1553, 1575, 3803, 3806, 3815, 3816 of this title; sections 9763,
     9804 of Title 42 (Judiciary and Judicial Procedure).