75 Pa.C.S. Ch. 38

75 Pa.C.S. Ch. 38
in effect

75 Pa.C.S. § 3801 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Adult." An individual who is at least 21 years of age. "Ignition interlock device." A device approved by the department, the approval of which is published as a notice by the Legislative Reference Bureau in the Pennsylvania Bulletin under section 3805(h) (relating to ignition interlock), which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.025%. "Minor." An individual who is under 21 years of age. (July 20, 2026, P.L.436, No.36, eff. 16 months)

75 Pa.C.S. § 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), (f) or (h), 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. (h) Driving under the influence of alcohol or controlled substance following diversion.-- (1) An individual may not drive, operate or be in the actual physical control of the movement of a vehicle in violation of subsection (a), (b), (c), (d), (e) or (f) within 10 years after completing an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction, for an offense under this section or a substantially similar offense in another jurisdiction. (2) Any of the following shall constitute sufficient proof that the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction: (i) a certified record of the department pursuant to section 6328 (relating to admissibility of department records); (ii) a record maintained by the clerk of courts; or (iii) a substantially similar record from another jurisdiction. (3) Nothing in this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction. (May 11, 2006, P.L.155, No.36, eff. imd.; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. Act 58 amended subsec. (g) and added subsec. (h). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2006 Amendment. 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 102, 1534, 1539, 1541, 1543, 1547, 1552, 1553, 1554, 1556, 1575, 1586, 1604, 1611, 3326, 3327, 3716, 3732, 3732.1, 3733, 3735, 3735.1, 3755, 3803, 3804, 3805, 3806, 3807, 3811, 3812, 3814, 3815, 3816, 3817, 6506 of this title; section 14301 of Title 16 (Counties); sections 6105, 7508.1 of Title 18 (Crimes and Offenses); section 5502 of Title 30 (Fish); section 8137 of Title 35 (Health and Safety); sections 933, 1515, 1725.3, 1725.5, 3571, 3573 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 3803 Grading.

(a) Basic offenses.--Except as provided in subsections (b) and (c): (1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties). (2) An individual who violates section 3802(a) and has two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the second degree. (3) An individual who violates section 3802 and has three or more prior offenses or has previously been convicted of a violation of section 3735 (relating to homicide by vehicle while driving under influence) commits a felony of the third degree. (4) An individual who violates section 3802(a), (b), (e) or (f) and has two prior offenses, one of which includes a violation of section 3802(h)(1) commits a felony of the third degree. (b) Other offenses.-- (1) 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 in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804. (2) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804. (3) 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 in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the first degree. (4) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has one prior offense commits a misdemeanor of the first degree. (4.1) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d), commits: (i) A felony of the third degree if the individual has two prior offenses. (i.1) A felony of the third degree if the individual has one prior offense under section 3802(h)(1). (ii) A felony of the second degree if the individual has three or more prior offenses. (iii) A felony of the second degree if the individual has two prior offenses, one of which includes a violation of section 3802(h)(1). (5) An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle when the violation occurred commits: (i) A misdemeanor of the first degree if the individual has no more than one prior offense. (ii) A felony of the third degree if the individual has two or more prior offenses or has one prior offense under section 3802(h)(1). (c) Offenses following diversion.-- (1) An individual who violates section 3802(h)(1) where the underlying offense is a violation of section 3802(a), (b), (e) or (f), commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804. (2) An individual who violates section 3802(h)(1) where the underlying offense is a violation of section 3802(c) or (d), commits a misdemeanor of the first degree. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 8, 2012, P.L.255, No.39, eff. 60 days; Oct. 27, 2014, P.L.2905, No.189, eff. imd.; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; July 11, 2022, P.L.717, No.59, eff. 120 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2022 Amendment. The preamble of Act 59 provided that Act 59 may be referred to as Deana's Law. Cross References. Section 3803 is referred to in sections 3804, 3806, 3815 of this title.

75 Pa.C.S. § 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 or a first offense for a violation of section 3802(h)(1) with an underlying violation of an offense enumerated in this subsection, 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 or a second or subsequent offense following a conviction for violating section 3802(h)(1), 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 or a first offense for a violation of section 3802(h)(1) with an underlying violation of an offense enumerated in this subsection, 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 or a second offense following a conviction for violating section 3802(h)(1), 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 or a third or subsequent offense following a conviction for violating section 3802(h)(1), 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 breath under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or testing of blood pursuant to a valid search warrant 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 or a first offense for a violation of section 3802(h)(1) with an underlying violation of an offense enumerated in this subsection, 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 or a second or subsequent offense following a conviction for violating section 3802(h)(1), 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. (c.1) Violation involving minor occupant.--An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows: (1) For a first offense, to: (i) pay a fine of not less than $1,000; and (ii) complete 100 hours of community service. (2) For a second offense or a first offense for a violation of section 3802(h)(1), to: (i) pay a fine of not less than $2,500; and (ii) undergo imprisonment of not less than one month nor more than six months. (3) For a third or subsequent offense or a second or subsequent offense following a conviction for violating section 3802(h)(1), undergo imprisonment of not less than six months nor more than two years. (c.2) Consecutive sentence.--A sentence imposed upon an individual under this section who has two or more prior offenses or has one prior offense under section 3802(h)(1) shall be served consecutively to any other sentence the individual is serving and to any other sentence being then imposed by the court, except for those with which the offense must merge as a matter of law. (c.3) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for a violation of section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania or for a violation of section 3802(c) or (d) and where the individual has four or more prior offenses. (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 or felony of the second or third 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. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006, P.L.155, No.36, eff. imd.; May 8, 2012, P.L.255, No.39, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. imd.; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; July 11, 2022, P.L.717, No.59, eff. 120 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.; July 20, 2026, P.L.436, No.36, eff. imd.) 2026 Amendment. Act 36 amended subsecs. (a)(2) intro. par., (b)(2) intro. par. and (c)(2) intro. par. 2025 Amendment. Act 58 amended subsecs. (a)(2) and (3), (b)(2), (3) and (4), (c)(2) and (3), (c.1)(2) and (3) and (c.2). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2022 Amendment. Act 59 amended subsec. (e)(2)(ii) and added subsecs. (c.2) and (c.3). The preamble of Act 59 provided that Act 59 may be referred to as Deana's Law. 2017 Amendment. Act 30 amended subsec. (c). 2012 Amendment. Act 39 amended subsec. (k) and added subsec. (c.1). 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 sections 1547, 1575, 3803, 3805, 3805.1, 3806, 3815, 3816 of this title; section 7508.1 of Title 18 (Crimes and Offenses); section 9763 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 3805 Ignition interlock.

(a) General rule.--Except as provided under subsection (a.1), if a person violates section 3802 (relating to driving under influence of alcohol or controlled substance) and has the person's operating privilege suspended or has the person's operating privilege suspended pursuant to section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) and the person seeks a restoration of operating privilege, the department shall require as a condition of restoration that the following occur: (1) Any motor vehicle to be operated by the person is equipped with an ignition interlock device. A person subject to this section shall only be required to notify the department or vendor of a motor vehicle the person intends to operate during the period of ignition interlock usage. A motor vehicle to be operated must be properly registered under section 1301 (relating to registration and certificate of title required) and insured under section 1786 (relating to required financial responsibility). (2) If there are no motor vehicles to be operated by the person during the period of ignition interlock usage, that the person so certify to the department. (3) The person complies with section 3805.1(a) (relating to ignition interlock driver's license). (a.1) Exception.--Subsection (a) shall not apply to a person who meets any of the following: (1) Is subject to the penalties under section 3804(a)(1) (relating to penalties) and has not had a prior offense as defined under section 3806 (relating to prior offenses). (1.1) Is subject to mandatory suspension of operating privilege under section 3807(d) (relating to Accelerated Rehabilitative Disposition). (2) Has not had a prior offense, as defined under section 3806, and certifies on a form provided by the department that the person does not intend to operate a motor vehicle during the period of ignition interlock usage. (3) Has not previously completed Accelerated Rehabilitative Disposition within the prior 10 years for an offense under section 3806(a). (b) Application for a restricted license.--(Deleted by amendment). (c) Issuance of unrestricted license.--(Deleted by amendment). (d) Prohibition.--(Deleted by amendment). (e) Economic hardship exemption.--(Deleted by amendment). (e.1) Term of ignition interlock.--The ignition interlock requirement under this section shall be for one year or 18 months from the date the operating privilege has been restored from the suspension imposed under section 1547 or 3804. Credit toward satisfaction of the one-year or 18-month ignition interlock requirement shall be counted as provided for under section 3805.1. The person shall receive credit toward satisfaction of the one-year or 18-month ignition interlock requirement starting on the issuance date of the person's ignition interlock driver's license. (e.2) Offenses committed as part of a single incident.--When a person receives an operating privilege suspension for violating section 3802(a), (b), (c) or (d) and for refusing to submit to testing under section 1547 as a result of the same incident, the person shall have only one one-year or 18-month term of ignition interlock requirement under subsection (e.1) and shall be permitted to hold an ignition interlock driver's license during the term of that requirement. The person shall have the option to apply for an ignition interlock driver's license in accordance with section 3805.1 for the suspensions imposed for both the violation under section 3802 and the refusal to submit to testing under section 1547. (f) Employment exemption.--If a person with an ignition interlock driver's license is required in the course and scope of employment to drive, operate or be in actual physical control of the movement of a motor vehicle owned by the person's employer, the following apply: (1) Except as set forth in paragraph (2), the person may drive, operate or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock device if: (i) the employer has been notified that the employee has an ignition interlock requirement; and (ii) the employee has proof of the notification in the employee's possession while driving, operating or being in actual physical control of the movement of the employer's motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which shall be provided by the department for this purpose and shall include a contact telephone number of the employer. (2) Paragraph (1) does not apply in any of the following circumstances: (i) To the extent that an employer-owned motor vehicle is made available to the employee for personal use. (ii) If the employer-owned motor vehicle is owned by an entity which is wholly or partially owned or controlled by the person subject to this section. (iii) If the employer-owned motor vehicle is a school bus; a school vehicle; or a vehicle designed to transport more than 15 passengers, including the driver. (g) Prohibition of authorization.--This section shall not give the department authorization to impose an ignition interlock requirement on a person that has committed an offense under former section 3731 prior to October 1, 2003, without the issuance of a court order. (h) Department approval.--An ignition interlock device required to be installed under this title must be a device which has been approved by the department. The department shall transmit notice of the department's approval to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin. Devices approved for use under former 42 Pa.C.S. § 7002(d) (relating to ignition interlock systems for driving under the influence) and any contracts for the installation, maintenance and inspection of the devices in effect as of the effective date of this section shall continue to be approved and in effect until the department again transmits notice of the department's approval of ignition interlock devices to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin and enters into new contracts in support of the devices. (h.1) Mobile installation services.-- (1) Approved service providers of department-certified manufacturers of ignition interlock devices shall be permitted to provide mobile installation of ignition interlock devices within this Commonwealth. (2) Mobile installation of ignition interlock devices shall be held to the same security and procedural standards as provided in specifications of the department. (3) Approved service providers of mobile installation of ignition interlock devices shall not permit the program participant or any unauthorized personnel to witness the installation of the ignition interlock device. (4) Regular maintenance of ignition interlock devices after mobile installation shall be performed according to the specifications established by the department. (h.2) Declaration of compliance.--The requirement to have an ignition interlock device under subsection (a) shall remain in effect until the department receives a declaration of compliance from the person's ignition interlock device vendor, in a form provided by the department, certifying that the following incidents have not occurred in the 60 days prior to the date entered on the declaration of compliance, and for the purposes of a suspension imposed under section 3807(d)(2), the person's ignition interlock device vendor shall certify the following incidents have not occurred in the prior 30 days entered on the declaration of compliance: (1) An attempt to start the vehicle with a breath alcohol concentration of 0.08% or more, not followed within 10 minutes by a subsequent attempt with a breath alcohol concentration lower than 0.08%. (2) Failure to take or pass any required retest. (3) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the ignition interlock device such that the ignition interlock device no longer functions as required under subsection (h). (i) Offenses committed during a period for which an ignition interlock restricted license has been issued.--(Deleted by amendment). (j) Notification of incident.--If an incident under subsection (h.2)(1), (2) or (3) occurs in the applicable 60-day or 30-day period prior to the date entered on the declaration of compliance, the ignition interlock device vendor shall notify the department of the incident in a form provided by the department, and the department shall notify the person of the incident and that the ignition interlock device usage shall continue until no incidents have occurred within the applicable 60-day or 30-day period. (Nov. 30, 2004, P.L.1667, No.211, eff. June 30, 2007; May 11, 2006, P.L.159, No.37, eff. 60 days; May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30; Dec. 22, 2025, P.L.363, No.58, eff. imd.; July 20, 2026, P.L.436, No.36, eff. 16 months) 2026 Amendment. See section 11 of Act 36 in the appendix to this title for special provisions relating to effective date. 2025 Amendment. See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. Special Provisions in Appendix. See section 20(1) of Act 24 of 2003 in the appendix to this title for special provisions relating to duties of department. Cross References. Section 3805 is referred to in sections 1547, 3801, 3805.1, 3806, 3808, 3816 of this title.

75 Pa.C.S. § 3805.1 Ignition interlock driver's license.

(a) Eligibility.--The following are eligible for an ignition interlock driver's license under this section: (1) A person subject to section 3805 (relating to ignition interlock). (2) A person whose operating privilege has been suspended for a conviction, adjudication of delinquency, admission into an Accelerated Rehabilitative Disposition program or a preadjudication program, or consent decree for an offense under section 3802 (relating to driving under influence of alcohol or controlled substance) or under former section 3731 (relating to driving under influence of alcohol or controlled substance), or an offense substantially similar to an offense under section 3802 or former section 3731 in another jurisdiction or for refusing chemical testing under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance), shall be eligible to apply for an ignition interlock driver's license upon receipt of notice of the suspension for an offense under this paragraph from the department. A person who accumulates other suspensions after receipt of the notice of suspension and before the ignition interlock driver's license is issued shall not be eligible. (3) A person participating in a treatment court certified by the Administrative Office of Pennsylvania Courts for its adherence to adult treatment court best practice standards. The following shall apply: (i) The court shall provide notice to the department of the person's participation in the treatment court and inform the department of any change to the person's participation in a manner specified by the department. (ii) Upon a person's successful completion of the treatment court program, if ordered by the court, the department shall reinstate the operating privilege of the person for any noncommercial operating privilege suspension. (iii) The department may not impose a restoration fee for reinstatement of the operating privilege under this section. (iv) The department is not required to reinstate the operating privilege of the person under this section if the department is authorized to suspend the operating privilege of the person for other violations of this title. (v) In order to implement the notification requirements of this paragraph, the department and the court shall cooperate in the exchange of pertinent information about a person's participation. (b) Application and issuance.-- (1) An eligible person under subsection (a) may apply to the department for an ignition interlock driver's license no sooner than 30 days from the date of conviction, adjudication of delinquency, admission into an Accelerated Rehabilitative Disposition program or a preadjudication program or consent decree or report of refusal. (2) An eligible person shall provide the following to the department as part of the application, on a form and manner as determined by the department: (i) The fee imposed under section 1951 (relating to driver's license and learner's permit). (ii) The restoration fee required under section 1960 (relating to reinstatement of operating privilege or vehicle registration). (iii) The restoration fee required under section 1547(b.2) as follows: (A) One-half of the amount must be paid at the time of application. (B) The remaining amount must be paid at the time of application for a replacement driver's license. (iv) Proof that any motor vehicle to be operated by the person has been equipped with an approved ignition interlock device as a condition of issuing an ignition interlock driver's license under this section. The department or vendor may not require an ignition interlock on every motor vehicle owned, registered or insured by the applicant, unless the applicant intends to operate the motor vehicle. (v) Proof of financial responsibility covering each motor vehicle to be operated by the applicant. (vi) Self-certification of the motor vehicles to be operated by the applicant. (vii) The surrender of the applicant's driver's license in accordance with section 1540 (relating to surrender of license). If the applicant's driver's license has been lost or stolen, the applicant shall submit an application for a replacement driver's license, along with the proper fee. If the applicant is a nonresident licensed driver, consistent with section 1506 (relating to application for driver's license or learner's permit), the applicant shall submit an acknowledgment of suspension in lieu of a driver's license. If the applicant's license has expired, the applicant shall submit an application for renewal, along with the appropriate fee. (3) A person may apply for an ignition interlock driver's license: (i) through the online portal maintained by the department under section 3805.2 (relating to online services for ignition interlock driver's license) that produces a camera card if all requirements have been satisfied; (ii) by certified mail that produces a camera card to be mailed to the person; or (iii) at a driver's license center location selected by the department that serves a region of this Commonwealth for an additional fee of $11, which shall be automatically adjusted consistent with section 1904 (relating to collection and disposition of fees and moneys). At a minimum, the department shall provide the service at one driver's license center in a county of the third class through a county of the eighth class, if available. (4) If the person applies under paragraph (3)(i) or (ii) and meets all other requirements for issuance of an ignition interlock driver's license, the department shall issue a camera card within 14 days of receipt of the application. The department may issue an ignition interlock driver's license using a photo on file if the person has an unexpired driver's license. (5) The department shall issue an ignition interlock driver's license under this section upon approval of the application under this subsection if the applicant is qualified. (6) The department may issue a restoration requirements letter with an eligibility date for an ignition interlock driver's license under this section only when the department determines the person is eligible to serve the one-year or 18-month ignition interlock requirement, as applicable, at the same time as satisfying a suspension of the person's operating privilege for a violation of section 1547 or 3802. (7) The department shall enter a "T" restriction code in the person's driving record to indicate the person's permission to operate a motor vehicle with an ignition interlock if the person holds an ignition interlock driver's license under this section. The "T" restriction code for the person's driving record shall be consistent with the Ignition Interlock Program Best Practices Guide Edition 3, published by the American Association of Motor Vehicle Administrators on October 2023, or a subsequent date as may be provided by the department through regulation. The department shall provide notice to the Pennsylvania State Police of the "T" restriction code on the person's driving record that shall be entered into appropriate law enforcement systems by the State Police with a unique color code as determined by the State Police. (8) (i) The department shall issue a certificate to a person who has been issued an ignition interlock driver's license under this section and whose operating privilege would otherwise be suspended but for the issuance of the ignition interlock driver's license. The certificate shall certify the following: (A) That the person has been issued a valid ignition interlock driver's license by the department. (B) That the person is only authorized to drive, operate or be in actual physical control of the movement of a motor vehicle equipped with a functioning ignition interlock device. (C) That the person's operating privilege is restricted in accordance with this section. (ii) The certificate shall contain language explaining that the document is intended to notify a court in this Commonwealth and a jurisdiction outside of this Commonwealth that the person with a valid ignition interlock driver's license is authorized by the Commonwealth to operate a motor vehicle equipped with a functioning ignition interlock device during the period of suspension. (iii) If a person receives a citation for a violation of section 1543 (relating to driving while operating privilege is suspended or revoked), a magisterial district judge, magistrate or judge shall dismiss the charge if the person, prior to or at the person's hearing, displays evidence of the certificate. (iv) The procedure under subparagraph (iii) shall be followed by the person upon receiving a citation for a violation substantially similar to a violation of section 1543 in a jurisdiction outside of this Commonwealth. (v) The department shall issue a certificate under this paragraph as follows: (A) For new applicants, within 30 days of the effective date of this subparagraph. (B) For a person with an existing ignition interlock limited license or ignition interlock restricted license, within 90 days of the effective date of this subparagraph. (c) Installation of ignition interlock device.-- (1) Prior to an application under subsection (b), the ignition interlock device shall be installed in any motor vehicle to be operated by the applicant and proof of the installation shall be provided by the ignition interlock device vendor to the person and the department. (2) A person must produce a department-issued restoration requirements letter that lists an eligibility date to operate a motor vehicle with ignition interlock prior to the installation and charge of an ignition interlock device. (3) If applicable, a person whose operating privilege has been suspended and who requires proof of installation of the ignition interlock device to petition the department for an ignition interlock driver's license may only operate one motor vehicle directly to the place of installation from the person's residence and directly from the place of installation to the person's residence. Upon request by a police officer, the person shall furnish proof of appointment or installation of the ignition interlock device, as applicable, from the vendor. The person may be subject to additional penalties under this title if the person violates this paragraph. The department, in consultation with the Pennsylvania State Police, shall develop a template for the proof of appointment and proof of installation of the ignition interlock device for use by a vendor. (4) Except as provided under paragraph (5), a vendor may not charge or collect payment from a person for costs associated with the installation of an ignition interlock device in the person's motor vehicle unless both of the following are met: (i) The person provides the vendor with a restoration requirements letter with an eligibility date from the department. (ii) The installation date is not in excess of 30 business days before the eligibility date contained in the restoration requirements letter supplied to the vendor under subparagraph (i). (5) Notwithstanding paragraph (4), a vendor may install an ignition interlock device in a person's motor vehicle if the person does not possess a restoration requirements letter from the department if all of the following are met: (i) The vendor verifies with the department that the person's driving record shows no requirement for an ignition interlock driver's license prior to or on the date of the installation. (ii) The person possesses a valid driver's license. (iii) The person voluntarily signs an attestation prior to or on the date of installation attesting that the vendor received no evidence of an ignition interlock driver's license requirement according to the department as required by subparagraph (i) and the person is voluntarily requesting the installation of the ignition interlock device. The attestation required under this subparagraph shall be in writing, retained by the vendor for not less than 12 months, and a copy of the attestation shall be provided to the person. (6) (i) Except as provided in subparagraph (ii), a vendor shall: (A) Refund any costs paid to the vendor and cancel any unpaid costs owed to the vendor by a person related to the installation of an ignition interlock device that was installed by the vendor in violation of paragraph (4). (B) Refund any costs paid to the vendor and cancel any unpaid costs owed to the vendor by a person related to the removal of an ignition interlock device that was installed by the vendor in violation of paragraph (4). (C) Refund and cancel costs as required under clauses (A) and (B) to the person within 30 business days of the installation date or removal date of the ignition interlock device. (ii) A vendor shall not be required to refund or cancel costs to a person under subparagraph (i) if either of the following occurs: (A) The vendor complied with the requirements of paragraph (4) and, after the installation date of the ignition interlock device, the person's eligibility date was changed by the department. (B) The vendor complied with the requirements of paragraph (5) and, after the installation date of the ignition interlock device, the department's records are updated to indicate that the person has a requirement for an ignition interlock driver's license. (iii) A person may file a written complaint to the department on a form as determined by the department to report a vendor in violation of paragraph (4) or (5) and that fails to refund or cancel costs to the person. A person who voluntarily signs an attestation under paragraph (5) may not file a written complaint. Upon review of the validity of the written complaint, the department shall issue a warning notice to the vendor for failure to refund or cancel costs to the person. The department may impose an administrative penalty of up to $5,000 for each violation on a vendor for failure to comply within 45 business days of the date on the warning notice. The department may initiate the process to decertify the vendor's ignition interlock device for failure to comply within 90 business days of the date on the warning notice. (iv) The department's warning notice shall advise the vendor that the vendor may request an informal departmental hearing within 10 days of the date of the notice if the vendor wishes to contest the violation. The vendor may appeal the informal departmental determination by requesting, within 10 days of the date of the warning notice, a formal hearing as prescribed by departmental regulations. If an informal departmental hearing is requested within 10 days, the hearing shall be held within 15 days of the request. If, as a result of the hearing, the department determines that a violation occurred, the department may impose a penalty under subparagraph (iii). (7) Notwithstanding paragraph (3), a person who is required to install an ignition interlock device under this section shall be notified by the vendor that the person is prohibited from operating the motor vehicle with an ignition interlock device unless: (i) the person has an ignition interlock driver's license; or (ii) the person is authorized to operate a motor vehicle as provided under this section. (d) Conditions.-- (1) The ignition interlock driver's license shall be clearly marked with an ignition interlock designation to indicate the person may only drive, operate or be in actual physical control of the movement of motor vehicles equipped with a functioning ignition interlock device. Upon issuance of an ignition interlock driver's license to any person under this section, the department shall notify the person that until the person obtains a replacement driver's license, the person may not drive, operate or be in actual physical control of the movement of any motor vehicle not equipped with a functioning ignition interlock device. (2) A motor vehicle operated by the person, during any period in which the person holds a valid ignition interlock driver's license, must be equipped with a functioning ignition interlock device. (3) An ignition interlock driver's license issued under this section shall permit a person to operate motor vehicles equipped with a functioning ignition interlock device. (e) Duration and credit.-- (1) Any period in which a person holds a valid ignition interlock driver's license under this section shall be counted toward satisfaction of any mandatory one-year or 18-month term of ignition interlock use, as applicable. (2) If the date of installation is prior to the suspension effective date, no credit shall begin on the effective date of the suspension or be counted toward the one-year or 18-month ignition interlock requirement, as applicable. (3) A person may hold a valid ignition interlock driver's license under this section for the duration of the mandatory term of ignition interlock usage imposed under section 3805(e.1) arising from the same incident. (f) Prohibition.-- (1) Pursuant to subsection (b), a person who has been issued an ignition interlock driver's license shall operate only motor vehicles equipped with a functioning ignition interlock device. (2) The operating privilege of a person who has been issued an ignition interlock driver's license under this section remains under suspension as determined by the department, except when operating a motor vehicle in accordance with the conditions of issuance and restrictions of the ignition interlock driver's license. (3) Except as provided in section 3805(e.1), until the person obtains a replacement driver's license that does not contain an ignition interlock designation, the person may not drive or operate or be in actual physical control of the movement of a motor vehicle within this Commonwealth unless the motor vehicle is equipped with an ignition interlock device. (g) Unauthorized issuance.--The department may not issue an ignition interlock driver's license to: (1) A person who is not licensed to drive by the Commonwealth. (2) A person who is required by this title to take an examination and who has failed to take and pass the examination. (3) A person whose operating privilege has been revoked, recalled or canceled. (4) A person who has an unsatisfied judgment against the person as the result of a motor vehicle operation, until the judgment has been satisfied under section 1774 (relating to payments sufficient to satisfy judgments) or an installment agreement has been entered into to satisfy the judgment, as permitted under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating to installment payment of judgments), and the financial responsibility of the person has been established. (5) A person applying for an ignition interlock driver's license under this section to operate a commercial motor vehicle. (6) A person to whom the department is disqualified from issuing the ignition interlock driver's license under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748). (7) A person whose operating privilege has been suspended under section 1532(a.1) (relating to suspension of operating privilege) for conviction or adjudication of delinquency based on a violation of section 3732 (relating to homicide by vehicle) or 3735 (relating to homicide by vehicle while driving under influence). (h) Issuance of replacement driver's license.--After a suspension imposed under section 1547 or 3804 (relating to penalties) has been served and the term of ignition interlock requirement under section 3805 has been completed, if otherwise eligible, a person may be issued a driver's license under section 1951(d) to replace the person's ignition interlock driver's license. The department may not issue a replacement driver's license until the department receives a declaration of compliance from the person's ignition interlock device vendor certifying that the person has complied with section 3805(h.2). (i) Offenses committed.-- (1) Except as provided in sections 1547(b.1) and 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock device), the department shall recall the ignition interlock driver's license that has been issued to a driver for whom the department receives a certified record of a conviction, adjudication of delinquency, judgment of sentence, admission into an Accelerated Rehabilitative Disposition program or a preadjudication program, or consent decree for an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privilege. The driver shall surrender the ignition interlock driver's license to the department or its agents designated under the authority of section 1540. Following the completion of the cancellation, disqualification, recall, suspension or revocation which resulted in the recall of the ignition interlock driver's license, the person shall complete the balance of the term of ignition interlock previously imposed prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock designation. (2) If the department receives a report of conviction, adjudication of delinquency, judgment of sentence, admission into an Accelerated Rehabilitative Disposition program or a preadjudication program, or consent decree of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privilege for a person who has been issued an ignition interlock driver's license while under suspension, the ignition interlock driver's license shall be recalled, and the person shall surrender the ignition interlock driver's license to the department or its agents designated under the authority of section 1540. (j) Offenses committed as part of one incident.--Notwithstanding section 3805(e.2), when a person receives an operating privilege suspension for violating section 3802(a), (b), (c) or (d) and under section 1547 as a result of the same incident and the person was issued an ignition interlock driver's license under this section, the person may retain the ignition interlock driver's license for both suspensions. The person shall have only one one-year term or one 18-month term, as applicable, of ignition interlock requirement under section 3805(e.1) and shall be permitted to hold an ignition interlock driver's license during the term of that requirement. (k) Employment exemption.--If a person with an ignition interlock driver's license issued under this section is required in the course and scope of employment to drive, operate or be in actual physical control of the movement of a motor vehicle owned by the person's employer, the following apply: (1) Except as provided in paragraph (2), the person may drive, operate or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock device if the following conditions are satisfied: (i) The employer has been notified that the employee has an ignition interlock requirement. (ii) The employee has proof of the notification in the employee's possession while driving, operating or being in actual physical control of the movement of the employer's motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which shall be provided by the department for this purpose and shall include a contact telephone number of the employer. (2) Paragraph (1) shall not apply in any of the following circumstances: (i) To the extent that an employer-owned motor vehicle is made available to the employee for personal use. (ii) If the employer-owned motor vehicle is owned by an entity which is wholly or partially owned or controlled by the person subject to this section. (iii) If the employer-owned motor vehicle is a school bus, a school vehicle or a motor vehicle designed to transport more than 15 passengers, including the driver. (l) Appeal from denial or recall.-- (1) A person who is denied an ignition interlock driver's license or whose ignition interlock driver's license is recalled under this section may file with the department a petition for a hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure). (2) The department may charge a reasonable fee based on the cost to the department for conducting the hearing, either in person or virtually as determined by the department. (3) The appeal shall not operate as an automatic supersedeas. If an administrative hearing officer orders a supersedeas in any appeal, the person shall earn no credit toward serving the suspension for which the person was granted an ignition interlock driver's license. (4) An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). (5) An appeal under this subsection is exempt from the provisions of section 1550(b) (relating to judicial review) and 42 Pa.C.S. § 933 (relating to appeals from government agencies). (July 26, 2026, P.L.436, No.36) 2026 Amendment. Act 36 added section 3805.1. See section 11 of Act 36 in the appendix to this title for special provisions relating to effective date. Cross References. Section 3805.1 is referred to in sections 3805, 3805.2, 3806, 3808 of this title.

75 Pa.C.S. § 3805.2 Online services for ignition interlock driver's license.

(a) Establishment.--The department shall add services to its existing and any subsequent online portal for an ignition interlock driver's license as provided under section 3805.1 (relating to ignition interlock driver's license). (b) Additional services.--In addition to the initial application process, the department shall provide the following services on its existing online portal for persons who hold an ignition interlock driver's license: (1) Vehicle-to-vehicle transfers of an ignition interlock device. (2) Adding or removing a motor vehicle from the authorized list of interlock-restricted vehicles. (3) Application for removal of the ignition interlock device once program obligations are met. (c) Timeline for service.--The department shall review and respond to ignition interlock service requests submitted in the portal by telephone or email within five business days. (July 26, 2026, P.L.436, No.36, eff. 38 months) 2026 Amendment. Act 36 added section 3805.2. Cross References. Section 3805.2 is referred to in section 3805.1 of this title.

75 Pa.C.S. § 3806 Prior offenses.

(a) General rule.--Except as set forth in subsection (b), the term "prior offense" as used in this chapter shall mean any conviction for which judgment of sentence has been imposed, adjudication of delinquency or other form of preliminary disposition before the sentencing on the present violation for any of the following: (1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance); (2) an offense under former section 3731; (3) an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction; or (4) any combination of the offenses set forth in paragraph (1), (2) or (3). (b) Timing.-- (1) For purposes of sections 1553(d.2) (relating to occupational limited license), 3803 (relating to grading), 3804 (relating to penalties), 3805 (relating to ignition interlock) and 3805.1 (relating to ignition interlock driver's license), the prior offense must have occurred: (i) within 10 years prior to the date of the offense for which the defendant is being sentenced; or (ii) on or after the date of the offense for which the defendant is being sentenced. (2) The court shall calculate the number of prior offenses, if any, at the time of sentencing. (3) If the defendant is sentenced for two or more offenses in the same day, the offenses shall be considered prior offenses within the meaning of this subsection. (4) When the completion date of the Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under section 3802 or a substantially similar offense in another jurisdiction is more than 10 years prior to the date of the offense for which the defendant is being sentenced, a prior conviction for violating section 3802(h)(1) shall be treated as a prior offense for the underlying violation of section 3802. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Oct. 27, 2014, P.L.2905, No.189, eff. 60 days; May 25, 2016, P.L.236, No.33, eff. imd.; Dec. 22, 2025, P.L.363, No.58, eff. imd.; July 20, 2026, P.L.436, No.36, eff. 16 months) 2026 Amendment. Act 36 amended subsec. (b)(1) intro. par. 2025 Amendment. Act 58 amended subsec. (a) and added subsec. (b)(4). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2025 Unconstitutionality. Section 3806 was declared unconstitutional on May 30, 2025, by the Supreme Court of Pennsylvania in Commonwealth v. Shifflett, 335 A.3d 1158 (2025). 2020 Unconstitutionality. Section 3806(a) intro. par. was declared unconstitutional in part on May 20, 2020, by the Superior Court of Pennsylvania in Commonwealth v. Chichkin, 232 A.3d 959 (2020). 2014 Amendment. Section 2 of Act 189 provided that the amendment of subsec. (b) shall apply to persons sentenced on or after the effective date of section 2. Cross References. Section 3806 is referred to in section 3805 of this title.

75 Pa.C.S. § 3807 Accelerated Rehabilitative Disposition.

(a) Eligibility.-- (1) Except as set forth in paragraph (2), a defendant charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) may be considered by the attorney for the Commonwealth for participation in an Accelerated Rehabilitative Disposition program in a county if the program includes the minimum requirements contained in this section. (2) The attorney for the Commonwealth shall not submit a charge brought under this chapter for Accelerated Rehabilitative Disposition if any of the following apply: (i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under section 3802 within ten years of the date of the current offense unless the charge was for an ungraded misdemeanor under section 3802(a)(2) and was the defendant's first offense under section 3802. (ii) An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident. (iii) There was a passenger under 14 years of age in the motor vehicle the defendant was operating. (a.1) Conditions of acceptance.--Before a defendant may accept Accelerated Rehabilitative Disposition for a charge brought under section 3802, the court shall conduct an inquiry on the record to ensure that the defendant's acceptance into Accelerated Rehabilitative Disposition and waiver of applicable constitutional rights is made knowingly, voluntarily and intelligently. (b) Evaluation and treatment.-- (1) A defendant offered Accelerated Rehabilitative Disposition for a violation of section 3802 is, as a condition of participation in the program, subject to the following requirements in addition to any other conditions of participation imposed by the court: (i) The defendant must attend and successfully complete an alcohol highway safety school established under section 1549 (relating to establishment of schools). A participating defendant shall be given both oral and written notice of the provisions of section 1543(b) (relating to driving while operating privilege is suspended or revoked). (ii) Prior to receiving Accelerated Rehabilitative Disposition or other preliminary disposition, the defendant must be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) to determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in determining what conditions of Accelerated Rehabilitative Disposition would benefit the defendant and the public. If the evaluation indicates there is a need for counseling or treatment, the defendant shall be subject to a full assessment for substance use disorder in accordance with the provisions of section 3814(3) and (4) (relating to drug and alcohol assessments). (iii) If the defendant is assessed under subparagraph (ii) to be in need of treatment, the defendant must participate and cooperate with a licensed treatment program. The level of treatment shall be in accordance with the recommendations of the full assessment. Nothing in this subparagraph shall prevent a treatment program from refusing to accept a defendant if the program administrator deems the defendant to be inappropriate for admission to the program. A treatment program shall retain the right to immediately discharge into the custody of the probation officer an offender who fails to comply with program rules and treatment expectations or refuses to constructively engage in the treatment process. (iv) The defendant must remain subject to court supervision for at least six months, but not more than 12 months. (v) The defendant must make restitution to any person that incurred determinable financial loss as a result of the defendant's actions which resulted in the offense. Restitution must be subject to court supervision. (vi) The defendant must pay the reasonable costs of a municipal corporation in connection with the offense. Fees imposed under this subparagraph shall be distributed to the affected municipal corporation. (vii) The defendant must pay any other fee, surcharge or cost required by law. Except as set forth in subparagraph (vi), (viii) or (ix), a fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative Disposition or any other preliminary disposition of any charge under this chapter shall be distributed as provided for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.). (viii) The defendant must pay the costs of compliance with subparagraphs (i), (ii) and (iii). (ix) The defendant shall pay a cost of $50 which shall be forwarded to the State Treasurer for deposit in the Emergency Medical Services Operating Fund. (2) The defendant shall be subject to a full assessment for substance use disorder if any of the following apply: (i) The evaluation under paragraph (1)(ii) indicates a likelihood that the defendant has a substance use disorder. (ii) The defendant's blood alcohol content at the time of the offense was at least 0.16%. (3) The assessment under paragraph (2) shall be conducted by one of the following: (i) (Deleted by amendment). (ii) The county agency with responsibility for county drug and alcohol programs or its designee. (iii) The clinical personnel of a facility licensed by the Department of Drug and Alcohol Programs for the conduct of substance use disorder treatment programs. (4) The assessment under paragraph (2) shall consider issues of public safety and shall include recommendations for all of the following: (i) (Deleted by amendment). (ii) Levels of care. (iii) Follow-up care and monitoring. (c) Insurance.-- (1) This subsection shall only apply to a health insurance, health maintenance organization or other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. (2) If an individual who is insured by a health insurance, a health maintenance organization or other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or other drug problem which occurs as a result of an assessment under this section. (d) Mandatory suspension of operating privileges.--As a condition of participation in an Accelerated Rehabilitative Disposition program, the court shall order the defendant's license suspended as follows: (1) There shall be no license suspension if the defendant's blood alcohol concentration at the time of testing was less than 0.10%. (2) For 30 days if the defendant's blood alcohol concentration at the time of testing was at least 0.10% but less than 0.16%. (3) For 60 days if: (i) the defendant's blood alcohol concentration at the time of testing was 0.16% or higher; (ii) the defendant's blood alcohol concentration is not known; (iii) an accident which resulted in bodily injury or in damage to a vehicle or other property occurred in connection with the events surrounding the current offense; or (iv) the defendant was charged pursuant to section 3802(d). (4) For 90 days if the defendant was a minor at the time of the offense. (e) Failure to comply.-- (1) A defendant who fails to complete any of the conditions of participation contained in this section shall be deemed to have unsuccessfully participated in an Accelerated Rehabilitative Disposition program, and the criminal record underlying participation in the program shall not be expunged. (2) The court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in the Rules of Criminal Procedure if the defendant: (i) fails to meet any of the requirements of this section; (ii) is charged with or commits an offense under 18 Pa.C.S. (relating to crimes and offenses); or (iii) violates any other condition imposed by the court. (f) Record retention.-- (1) Upon a defendant's successful completion of the program provided for in this section, the court shall issue an order evidencing the completion. (2) Notwithstanding any order of expungement, the clerk of courts shall retain a certified copy of the court order evidencing a defendant has successfully completed the program provided for in this section in accordance with 18 Pa.C.S. § 9122(c) (relating to expungement). The order shall be maintained for 12 years following the date of the entry of the order. The order shall not be subject to public inspection or duplication and shall be used solely for the purpose of future prosecutions under section 3802(h). A clerk of courts shall provide a certified copy of the order to any prosecuting attorney, court or law enforcement agency upon request. (3) Immediately following the expiration of 12 years following the entry of the order evidencing completion, the clerk of court shall expunge the record of the completion of Accelerated Rehabilitative Disposition. The clerk of court shall not require an order of court to expunge the record. (g) Limitation.--If a defendant fails to complete Accelerated Rehabilitative Disposition or other form of preliminary disposition and is brought to trial for the charged offense, any waiver or acknowledgment offered or required under this section shall be of no effect and shall not be used against the defendant. No statement presented by the defendant shall be used against the defendant for any purpose in a criminal proceeding except a prosecution based on the falsity of the information or statement supplied. (h) Definition.--As used in this section, the term "substance use disorder" means a pattern of use of alcohol or other drugs leading to clinical or functional impairment. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Aug. 18, 2009, P.L.308, No.37, eff. 180 days; Oct. 29, 2020, P.L.773, No.93, eff. 120 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. Act 58 amended subsec. (b) and added subsecs. (a.1), (f), (g) and (h). See sections 8 and 9 of Act 58 in the appendix to this title for special provisions relating to findings and declarations and promulgation of rules. 2004 Amendment. Act 177 amended subsecs. (b)(1)(iv) and (d). Cross References. Section 3807 is referred to in sections 1556, 3805, 3817 of this title; section 8153 of Title 35 (Health and Safety).

75 Pa.C.S. § 3808 Illegally operating a motor vehicle not equipped with ignition interlock.

(a) Offense defined.-- (1) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 and not more than $1,000 and to imprisonment for not more than 90 days: (i) Section 1556 (relating to ignition interlock limited license). (ii) Section 3805 (relating to ignition interlock). (iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system. (2) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system and who has an amount of alcohol by weight in his blood that is equal to or greater than 0.025% at the time of testing or who has in his blood any amount of a Schedule I or nonprescribed Schedule II or III 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, or its metabolite commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days: (i) Section 1556. (ii) Section 3805. (iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system. (b) Tampering with an ignition interlock system.--A person that tampers with an ignition interlock system required by law commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 nor more than $1,000 and to undergo imprisonment for not more than 90 days. An offense under this subsection shall be deemed to have been committed at either the location where tampering occurred or the place where the vehicle containing the ignition interlock system required by law is registered. The term "tampering," in addition to any physical act which is intended to alter or interfere with the proper functioning of an ignition interlock system required by law, shall include attempting to circumvent or bypass or circumventing or bypassing an ignition interlock system by: (1) means of using another individual to provide a breath sample; or (2) providing a breath sample for the purpose of bypassing an ignition interlock system required by law. (c) Suspension of operating privilege.--Notwithstanding section 3805(c) and (i): (1) If a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system violates this section, upon receipt of a certified record of the conviction, the department shall not issue a replacement license to the person under section 1951(d) (relating to driver's license and learner's permit) that does not contain an ignition interlock restriction for a period of one year from the date of conviction until the person has complied with the requirements of section 3805. is intended to alter or interfere with the proper functioning of an ignition interlock device required by law, shall include attempting to circumvent or bypass or circumventing or bypassing an ignition interlock device by: (1) means of using another individual to provide a breath sample; or (2) providing a breath sample for the purpose of bypassing an ignition interlock device required by law. (c) Suspension of operating privilege.--Notwithstanding section 3805(h) and (i): (1) If a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock device violates this section, upon receipt of a certified record of the conviction, the department shall not issue a replacement license to the person under section 1951(d) (relating to driver's license and learner's permit) that does not contain an ignition interlock designation for a period of one year from the date of conviction until the person has complied with the requirements of section 3805. (2) Upon receipt of a certified record of a second conviction of a violation of this section committed by a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock device which occurred during the same ignition interlock driver's license period, the department shall suspend the person's operating privilege for a period of one year and recall the ignition interlock driver's license, and the person shall surrender the ignition interlock driver's license to the department. Following completion of the suspension period, the department shall require that the person comply with the requirements of section 3805 prior to being eligible to receive a replacement license under section 1951(d) that does not contain an ignition interlock designation. (d) Applicability.--Notwithstanding section 3101 (relating to application of part), this section shall apply in all areas throughout this Commonwealth; however, it shall not apply to persons installing, maintaining or inspecting ignition interlock devices in the course and scope of their employment. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30, eff. 15 months; July 20, 2026, P.L.436, No.36, eff. 16 months) 2026 Amendment. Act 36 amended the section heading and subsecs. (b)and (c). 2016 Amendment. Act 33 amended subsecs. (a), (b) and (c)(1). Cross References. Section 3808 is referred to in sections 1541, 1542, 1547, 3811, 3812, 6506 of this title; section 8137 of Title 35 (Health and Safety); sections 1515, 1725.3 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 3809 Restriction on alcoholic beverages.

(a) General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a 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, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth. (b) Exception.--This section does not prohibit possession or consumption by any of the following: (1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines. (2) An individual in the living quarters of a house coach or house trailer. (c) Penalty.--An individual who violates this section commits a summary offense. Cross References. Section 3809 is referred to in section 1542 of this title.

75 Pa.C.S. § 3810 Authorized use not a defense.

The fact that a person charged with violating this chapter is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this chapter.

75 Pa.C.S. § 3811 Certain arrests authorized.

(a) Warrant not required.--In addition to any other powers of arrest, a police officer is authorized to arrest an individual without a warrant if the officer has probable cause to believe that the individual has violated 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 device), regardless of whether the alleged violation was committed in the presence of the police officer. (b) Territory.--The authority under subsection (a) extends to any hospital or other medical treatment facility located beyond the territorial limits of the police officer's political subdivision at which an individual to be arrested is found or was taken or removed for purposes of emergency treatment, examination or evaluation as long as there is probable cause to believe that the violation of section 1543(b)(1.1), 3802 or 3808(a)(2) occurred within the police officer's political subdivision. (July 20, 2026, P.L.436, No.36, eff. 16 months) 2026 Amendment. Act 36 amended subsec. (a).

75 Pa.C.S. § 3812 Preliminary hearing or arraignment.

The presiding judicial officer at the preliminary hearing or preliminary arraignment relating to a charge of a 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) shall not reduce or modify the original charges without the consent of the attorney for the Commonwealth.

75 Pa.C.S. § 3813 Work release.

In any case in which an individual is sentenced to a period of imprisonment as a result of a conviction for violating a provision of this chapter, the judicial officer imposing the sentence shall consider assigning that individual to a daytime work release program. Any work release program permitted under this section shall be certified by the Drug and Alcohol Treatment program administration as being consistent with any drug and alcohol treatment requirements imposed under section 3814 (relating to drug and alcohol assessments).

75 Pa.C.S. § 3814 Drug and alcohol assessments.

If a defendant is convicted or pleads guilty or no contest to a violation of section 3802 (relating to driving under influence of alcohol or controlled substance), the following apply prior to sentencing: (1) The defendant shall be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) and any other additional evaluation techniques deemed appropriate by the court to determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in determining what type of sentence would benefit the defendant and the public. (2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following subparagraphs apply: (i) The defendant, within ten years prior to the offense for which sentence is being imposed, has been sentenced for an offense under: (A) section 3802; (B) former section 3731; or (C) an equivalent offense in another jurisdiction. (ii) Either: (A) the evaluation under paragraph (1) indicates there is a need for counseling or treatment; or (B) the defendant's blood alcohol content at the time of the offense was at least 0.16%. (3) The assessment under paragraph (2) shall be conducted by one of the following: (i) The Department of Health or its designee. (ii) The county agency with responsibility for county drug and alcohol programs or its designee. (iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and alcohol addiction treatment programs. (4) The assessment under paragraph (2) shall consider issues of public safety and shall include recommendations for all of the following: (i) Length of stay. (ii) Levels of care. (iii) Follow-up care and monitoring. Special Provisions in Appendix. See section 18 of Act 24 of 2003 in the appendix to this title for special provisions relating to applicability of sections 3814 and 3815. Cross References. Section 3814 is referred to in sections 3804, 3807, 3813, 3815, 3816 of this title; section 9763 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 3815 Mandatory sentencing.

(a) County supervision.--Notwithstanding the length of any maximum term of imprisonment imposed pursuant to sections 3803 (relating to grading) and 3804 (relating to penalties), and notwithstanding the provisions of section 17 of the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law, the sentencing judge may grant parole under the supervision of the county parole system to any offender serving a sentence for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and, if applicable, serving any concurrent sentence of imprisonment for any misdemeanor offense arising from the same criminal episode as the violation of section 3802. The power of the sentencing judge to grant parole shall apply only to those offenders whose sentences are being served in a county prison pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) or section 3804(d). The sentencing judge shall declare his intention to retain parole authority and supervision at the time of sentencing in cases in which he would not otherwise have parole authority and supervision. (b) Parole.-- (1) An offender who is determined pursuant to section 3814 (relating to drug and alcohol assessments) to be in need of drug and alcohol treatment shall be eligible for parole in accordance with the terms and conditions prescribed in this section following the expiration of the offender's mandatory minimum term of imprisonment. (2) The following shall be conditions of parole: (i) If the offender is not determined under the procedures set forth in section 3814 to be addicted to alcohol or another substance, the offender must refrain from: (A) the use of illegal controlled substances; and (B) the abuse of prescription drugs, over-the-counter drugs or any other substances. (ii) If the offender is determined under the procedures set forth in section 3814 to be addicted to alcohol or another substance, the offender must do all of the following: (A) Refrain from: (I) the use of alcohol or illegal controlled substances; and (II) the abuse of prescription drugs, over-the-counter drugs or any other substances. (B) Participate in and cooperate with drug and alcohol addiction treatment under subsection (c). (c) Treatment.-- (1) Treatment must conform to assessment recommendations made under section 3814. (2) Treatment must be conducted by a drug and alcohol addiction treatment program licensed by the Department of Health. (3) The treatment program shall report periodically to the assigned parole officer on the offender's progress in the treatment program. The treatment program shall promptly notify the parole officer if the offender: (i) fails to comply with program rules and treatment expectations; (ii) refuses to constructively engage in the treatment process; or (iii) without authorization terminates participation in the treatment program. (4) Upon notification under paragraph (3), the parole officer shall report the offender's actions to the parole authority and to the department for compliance with section 1553(e) (relating to occupational limited license). The parole authority shall schedule a revocation hearing to consider recommendations of the parole officer and the treatment program. (5) Nothing in this subsection shall prevent a treatment program from refusing to accept an offender if the program administrator deems the offender to be inappropriate for admission to the program. A treatment program shall retain the right to immediately discharge into the custody of the assigned parole officer an offender who fails to comply with program rules and treatment expectations or refuses to constructively engage in the treatment process. (d) Enforcement.-- (1) This subsection applies to an offender ordered to participate in a treatment program under subsection (b)(2)(ii) who: (i) fails to comply with program rules and treatment expectations; (ii) refuses to constructively engage in the treatment process; or (iii) terminates participation in the treatment program without authorization. (2) Notwithstanding any other provision of law, all of the following apply to an offender under paragraph (1): (i) The offender's parole, prerelease, work release or any other release status shall be revoked. (ii) The offender shall be ineligible for parole, prerelease, work release or any other release from the correctional facility prior to the expiration of the offender's maximum term unless the offender is permitted to be readmitted to a treatment program. (3) Nothing in this subsection shall be construed to grant a legal right to parole to an offender previously ineligible for parole, on the grounds that the offender is currently prepared to participate in, comply with and constructively engage in the treatment process. Under such circumstances, parole or reparole of the offender shall be at the parole authority's discretion. (e) Follow-up.--After an offender has completed the treatment program under subsection (c), the parole officer shall take reasonable steps to ensure that the offender does not abuse alcohol, use illegal controlled substances or abuse prescription drugs, over-the-counter drugs or any other such substances. These reasonable steps include requiring chemical testing and periodic reassessment of the offender by the treatment program. (f) Fees.-- (1) Except as set forth in paragraph (2), the parole authority shall impose upon an offender subject to this section reasonable fees to cover the cost of any of the following: (i) Chemical testing of the offender required under this section. (ii) An assessment of the offender required under this section. (iii) Drug or alcohol treatment provided in accordance with the assessment. (2) If the parole authority finds the offender to be unable to pay the full amount of the fees required by paragraph (1) and section 1541(d) (relating to period of disqualification, revocation or suspension of operating privilege), it shall require the offender to pay as much of the fee as is consistent with the offender's ability to pay and shall direct the assigned parole officer to establish a reasonable payment schedule for the offender to pay as much of the remaining fees as is consistent with the offender's ability to pay. (g) Insurance.-- (1) This subsection shall only apply to a health insurance, health maintenance organization or other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. (2) If an individual who is insured by a health insurance, a health maintenance organization or other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or other drug problem which occurs as a result of an assessment under this section. ual who is insured by a health insurance, a health maintenance organization or other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or other drug problem which occurs as a result of an assessment under this section. (h) Additional funding.--In order to support and augment the diagnostic assessment and treatment services provided under this section, the Department of Health, the department and the Pennsylvania Commission on Crime and Delinquency shall seek all available Federal funding, including funds available through the United States National Highway Traffic Safety Administration and the Department of Health and Human Services. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.) 2004 Amendment. Act 177 amended subsec. (a). Special Provisions in Appendix. See section 18 of Act 24 of 2003 in the appendix to this title for special provisions relating to applicability of sections 3814 and 3815. References in Text. Section 17 of the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law, referred to in subsec. (a), was repealed by the act of August 11, 2009 (P.L.494, No.49). The subject matter is now contained in Part IV of Title 61 (Prisons and Parole). Cross References. Section 3815 is referred to in sections 1553, 3804, 3816, 3817 of this title; section 9763 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 3816 Requirements for driving under influence offenders.

(a) Evaluation using Court Reporting Network.--In addition to any other requirements of the court, every person convicted of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and every person offered Accelerated Rehabilitative Disposition as a result of a charge of a violation of section 3802 shall, prior to sentencing or receiving Accelerated Rehabilitative Disposition or other preliminary disposition, be evaluated using Court Reporting Network instruments issued by the department and any other additional evaluation techniques deemed appropriate by the court to determine the extent of the person's involvement with alcohol or controlled substances and to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative Disposition would benefit the person or the public. (b) Court-ordered intervention or treatment.--A record shall be submitted to the department as to whether the court did or did not order a defendant to attend drug and alcohol treatment pursuant to the requirements of sections 3804 (relating to penalties), 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing). If the court orders treatment, a report shall be forwarded to the department as to whether the defendant successfully completed the program. If a defendant fails to successfully complete a program of treatment as ordered by the court, the suspension shall remain in effect until the department is notified by the court that the defendant has successfully completed treatment and the defendant is otherwise eligible for restoration of his operating privilege. In order to implement the recordkeeping requirements of this section, the department and the court shall work together to exchange pertinent information about a defendant's case, including attendance and completion of treatment or failure to complete treatment. Cross References. Section 3816 is referred to in sections 1541, 3807, 3814 of this title.

75 Pa.C.S. § 3817 Reporting requirements for offenses.

(a) Requirement.--The department shall make an annual report on the administration of this chapter. The department, the Administrative Office of Pennsylvania Courts and the Pennsylvania Sentencing Commission shall work together to exchange pertinent information necessary to complete this report. (b) Contents.--The report shall include the following information by county: (1) The number of offenders charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) sorted by the subsection under which the offender was charged. (2) The number of offenders convicted of violating section 3802 sorted by the subsection under which the offender was convicted. (3) The number of offenders admitted to an Accelerated Rehabilitative Disposition program for violating section 3802 sorted by the subsection under which the offender was charged. (4) The number of offenders completing an Accelerated Rehabilitative Disposition program for a violation of section 3802 sorted by the subsection under which the offender was charged. (5) The number of persons refusing a chemical test sorted by the number of prior offenses. (6) The number of offenders subject to treatment under section 3807 (relating to Accelerated Rehabilitative Disposition) sorted by the subsection of section 3802 under which the offender was charged. (7) The number of offenders subject to section 3815 (relating to mandatory sentencing) sorted by the subsection of section 3802 under which the offender was convicted. (8) The number of offenders sent to treatment for alcohol and drug problems and addiction. (9) The names of the treatment facilities providing treatment and the level of care and length of stay in treatment. (10) The number of offenders successfully completing treatment. (11) The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was charged. (12) The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was convicted. (13) The number of offenders who violated section 3802 for whom costs for assessment and treatment were waived by the court. (14) The number of offenders who violated section 3802 for whom fines and costs were waived by the court. (c) Recipients.--The annual report shall be submitted to the Judiciary Committee, Public Health and Welfare Committee and Transportation Committee of the Senate; the Health and Human Services Committee, Judiciary Committee and Transportation Committee of the House of Representatives; and the Department of Health Bureau of Drug and Alcohol Programs, who shall utilize the data for program planning purposes. The Bureau of Drug and Alcohol Programs shall consider increases in county drug and alcohol program costs that result from the implementation of this chapter when proposing annual appropriations requests. The report shall be made available to the public.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75Fetched: 10/16/2026

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