DUI Laws in PA – 75 Pa.C.S. 3802

Driving Under the Influence of Alcohol or Controlled Substances in PA

Pennsylvania law, at 75 Pa. C.S. § 3802, addresses the crime of Driving Under the Influence of Alcohol or Controlled Substances. Under PA law:

 

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.

 

DUI High Rate of Alcohol – 75 Pa. C.S. § 3802(b)

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.

 

DUI Highest Rate of Alcohol – 75 Pa. C.S. § 3802©

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.

 

Controlled Substances Under the PA DUI Law

Pennsylvania law also prohibits driving under the influence of controlled substances. Under PA law, at 75 Pa. C.S. § 3802(d) – DUI 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; (ii) Schedule II Controlled Substance; 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 the sale or illegal use of certain solvents and noxious substances).

 

DUI Law for Minors in PA – 75 Pa. C.S. § 3802(e)

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.

 

DUI Commercial or School Vehicles – 75 Pa. C.S. § 3802(f)

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 vehicle; or (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 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 a combination of controlled substances as defined in section 1603 (relating to definitions).

4. While the individual under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

Exception to Two-Hour Rule: notwithstanding the above, 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:

  • where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and
  • 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.

 

Montgomery County, PA DUI Lawyers

If you have been charged with a DUI in PA under 75 Pa. C.S. § 3802, you are likely scared and overwhelmed by the legal process ahead and the potential DUI penalties you face. An experienced PA DUI lawyer from The Martin Law Firm can provide you with options for resolving your DUI charge favorably, including the possibility of Accelerated Rehabilitative Disposition, or ARD. The Martin Law Firm is an experienced Montgomery County, Pennsylvania DUI law firm located in Blue Bell, PA. Our experienced DUI lawyers represent clients for DUI charges throughout Montgomery County, PA, as well as the surrounding areas of Bucks, Chester, Philadelphia and Delaware counties. Contact a Montgomery County, PA DUI lawyer at The Martin Law Firm at 215-646-3980 for a free case evaluation.