DUI Law Center
§ 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.