2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1547 - Chemical testing to determine amount of alcohol or controlled substance.

     § 1547.  Chemical testing to determine amount of alcohol or
                controlled substance.
        (a)  General rule.--Any person who drives, operates or is in
     actual physical control of the movement of a vehicle in this
     Commonwealth shall be deemed to have given consent to one or
     more chemical tests of breath, blood or urine for the purpose of
     determining the alcoholic content of blood or the presence of a
     controlled substance if a police officer has reasonable grounds
     to believe the person to have been driving, operating or in
     actual physical control of the movement of a vehicle:
            (1)  in violation of section 1543(b)(1.1) (relating to
        driving while operating privilege is suspended or revoked),
        3802 (relating to driving under influence of alcohol or
        controlled substance) or 3808(a)(2) (relating to illegally
        operating a motor vehicle not equipped with ignition
        interlock); or
            (2)  which was involved in an accident in which the
        operator or passenger of any vehicle involved or a pedestrian
        required treatment at a medical facility or was killed.
        (b)  Suspension for refusal.--
            (1)  If any person placed under arrest for a violation of
        section 3802 is requested to submit to chemical testing and
        refuses to do so, the testing shall not be conducted but upon
        notice by the police officer, the department shall suspend
        the operating privilege of the person as follows:
                (i)  Except as set forth in subparagraph (ii), for a
            period of 12 months.
                (ii)  For a period of 18 months if any of the
            following apply:
                    (A)  The person's operating privileges have
                previously been suspended under this subsection.
                    (B)  The person has, prior to the refusal under
                this paragraph, been sentenced for:
                        (I)  an offense under section 3802;
                        (II)  an offense under former section 3731;
                        (III)  an offense equivalent to an offense
                    under subclause (I) or (II); or
                        (IV)  a combination of the offenses set forth
                    in this clause.
            (2)  It shall be the duty of the police officer to inform
        the person that:
                (i)  the person's operating privilege will be
            suspended upon refusal to submit to chemical testing; and
                (ii)  if the person refuses to submit to chemical
            testing, upon conviction or plea for violating section
            3802(a)(1), the person will be subject to the penalties
            provided in section 3804(c) (relating to penalties).
            (3)  Any person whose operating privilege is suspended
        under the provisions of this section shall have the same
        right of appeal as provided for in cases of suspension for
        other reasons.
        (b.1)  Other suspension for refusal.--
            (1)  If any person placed under arrest for a violation of
        section 1543(b)(1.1) or 3808(a)(2) is requested to submit to
        chemical testing and refuses to do so, the testing shall not
        be conducted; but, upon notice by the police officer and
        provided no suspension is imposed pursuant to subsection (b),
        the department shall suspend the operating privilege of the
        person for a period of six months.
            (2)  It shall be the duty of the police officer to inform
        the person that the person's operating privileges will be
        suspended upon refusal to submit to chemical testing.
            (3)  Notwithstanding section 3805(c) (relating to
        ignition interlock), if any person receives a suspension
        pursuant to this subsection who at the time of the offense
        was required to comply with the provisions of section 3805
        prior to obtaining a replacement license under section
        1951(d) (relating to driver's license and learner's license)
        that does not contain an ignition interlock restriction, the
        suspension imposed pursuant to this subsection shall result
        in the recall of any ignition interlock restricted license
        previously issued and the driver shall surrender the ignition
        interlock restricted license to the department or its agents
        designated under the authority of section 1540 (relating to
        surrender of licenses) and, prior to the issuance of a
        replacement license under section 1951(d) that does not
        contain an ignition interlock restriction, the department
        shall require that the person comply with the provisions of
        section 3805.
        (c)  Test results admissible in evidence.--In any summary
     proceeding or criminal proceeding in which the defendant is
     charged with a violation of section 3802 or any other violation
     of this title arising out of the same action, the amount of
     alcohol or controlled substance in the defendant's blood, as
     shown by chemical testing of the person's breath, blood or
     urine, which tests were conducted by qualified persons using
     approved equipment, shall be admissible in evidence.
            (1)  Chemical tests of breath shall be performed on
        devices approved by the Department of Health using procedures
        prescribed jointly by regulations of the Departments of
        Health and Transportation. Devices shall have been calibrated
        and tested for accuracy within a period of time and in a
        manner specified by regulations of the Departments of Health
        and Transportation. For purposes of breath testing, a
        qualified person means a person who has fulfilled the
        training requirement in the use of the equipment in a
        training program approved by the Departments of Health and
        Transportation. A certificate or log showing that a device
        was calibrated and tested for accuracy and that the device
        was accurate shall be presumptive evidence of those facts in
        every proceeding in which a violation of this title is
        charged.
            (2)  (i)  Chemical tests of blood or urine, if conducted
            by a facility located in this Commonwealth, shall be
            performed by a clinical laboratory licensed and approved
            by the Department of Health for this purpose using
            procedures and equipment prescribed by the Department of
            Health or by a Pennsylvania State Police criminal
            laboratory. For purposes of blood and urine testing,
            qualified person means an individual who is authorized to
            perform those chemical tests under the act of September
            26, 1951 (P.L.1539, No.389), known as The Clinical
            Laboratory Act.
                (ii)  For purposes of blood and urine testing to
            determine blood alcohol or controlled substance content
            levels, the procedures and equipment prescribed by the
            Department of Health shall be reviewed within 120 days of
            the effective date of this subparagraph and at least
            every two years thereafter to ensure that consideration
            is given to scientific and technological advances so that
            testing conducted in accordance with the prescribed
            procedures utilizing the prescribed equipment will be as
            accurate and reliable as science and technology permit.
            (3)  Chemical tests of blood or urine, if conducted by a
        facility located outside this Commonwealth, shall be
        performed:
                (i)  by a facility licensed and approved by the
            Department of Health for this purpose; or
                (ii)  by a facility licensed to conduct the tests by
            the state in which the facility is located and licensed
            pursuant to the Clinical Laboratory Improvement
            Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).
            (4)  For purposes of blood testing to determine the
        amount of a Schedule I or nonprescribed Schedule II or III
        controlled substance or a metabolite of such a substance, the
        Department of Health shall prescribe minimum levels of these
        substances which must be present in a person's blood in order
        for the test results to be admissible in a prosecution for a
        violation of section 1543(b)(1.1), 3802(d)(1), (2) or (3) or
        3808(a)(2).
        (d)  Presumptions from amount of alcohol.--(Repealed).
        (e)  Refusal admissible in evidence.--In any summary
     proceeding or criminal proceeding in which the defendant is
     charged with a violation of section 3802 or any other violation
     of this title arising out of the same action, the fact that the
     defendant refused to submit to chemical testing as required by
     subsection (a) may be introduced in evidence along with other
     testimony concerning the circumstances of the refusal. No
     presumptions shall arise from this evidence but it may be
     considered along with other factors concerning the charge.
        (f)  Other evidence admissible.--Subsections (a) through (i)
     shall not be construed as limiting the introduction of any other
     competent evidence bearing upon the question whether or not the
     defendant was under the influence of alcohol.
        (g)  Test results available to defendant.--Upon the request
     of the person tested, the results of any chemical test shall be
     made available to him or his attorney.
        (g.1)  Cost of testing.--The cost of chemical testing,
     including the drawing of blood and urine, performed under this
     section shall be paid as follows:
            (1)  By the individual tested, if the individual was
        convicted of or placed into any preadjudication program or
        adjudicated delinquent for a violation of section 3802.
            (2)  By the requesting authority, if the individual was
        found not guilty under section 3802 or had the charges
        dismissed or withdrawn.
        (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
     testing given at the direction of the police officer shall not
     be delayed by a person's attempt to obtain an additional test.
        (i)  Request by driver for test.--Any person involved in an
     accident or placed under arrest for a violation of section
     1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of
     his breath, blood or urine. Such requests shall be honored when
     it is reasonably practicable to do so.
        (j)  Immunity from civil liability and reports.--No
     physician, nurse or technician or hospital employing such
     physician, nurse or technician, and no other employer of such
     physician, nurse or technician shall be civilly liable for
     withdrawing blood or obtaining a urine sample and reporting test
     results to the police at the request of a police officer
     pursuant to this section. No physician, nurse or technician or
     hospital employing such physician, nurse or technician may
     administratively refuse to perform such tests and provide the
     results to the police officer except as may be reasonably
     expected from unusual circumstances that pertain at the time the
     request is made.
        (k)  Prearrest breath test authorized.--A police officer,
     having reasonable suspicion to believe a person is driving or in
     actual physical control of the movement of a motor vehicle 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 Department of Health 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 title. No person has any right to
     expect or demand a preliminary breath test. Refusal to submit to
     the test shall not be considered for purposes of subsections (b)
     and (e).
        (l)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Adult."  A person 21 years of age or older.
        "Minor."  A person under 21 years of age.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984,
     P.L.53, No.12, eff. imd.; May 30, 1990, P.L.173, No.42, eff.
     Apr. 1, 1992; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days;
     July 2, 1996, P.L.535, No.93; July 11, 1996, P.L.660, No.115,
     eff. 30 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct.
     4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120,
     No.24; Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006,
     P.L.164, No.40, eff. 60 days)

        2006 Amendment.  Act 40 added subsec. (g.1)
        2004 Amendment.  Act 177 amended subsec. (b)(2).
        2003 Amendment.  Act 24 amended subsecs. (a), (b)(1) and (2),
     (c), (d), (e) and (i) and added subsec. (b.1), effective Sept.
     30, 2003, as to subsec. (d) and February 1, 2004, as to the
     remainder of the section.
        2003 Repeal Note.  Act 24 repealed subsec. (d), effective
     February 1, 2004.
        1996 Amendments.  Act 93 amended subsec. (d) and added
     subsec. (l), effective in 30 days as to subsec. (d) and 60 days
     as to subsec. (l), and Act 115 amended subsec. (d) and added
     subsec. (l). Act 115 overlooked the amendment by Act 93 to
     subsec. (d), but the amendments do not conflict in substance and
     have both been given effect in setting forth the text of subsec.
     (d). The addition by Acts 93 and 115 of subsec. (l) are
     identical and therefore have been merged.
        1984 Amendment.  Act 12 amended subsec. (j). Section 12 of
     Act 12 provided that the amendments to section 1547 shall be
     retroactive to January 14, 1983.
        Cross References.  Section 1547 is referred to in sections
     1508, 1543, 1553, 1554, 1613, 3805 of this title; section 5125
     of Title 30 (Fish); section 933 of Title 42 (Judiciary and
     Judicial Procedure).