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§ 3806. Prior offenses

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: May 25, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 75 Pa.C.S.A. Vehicles (Refs & Annos)
Part III. Operation of Vehicles
Chapter 38. Driving After Imbibing Alcohol or Utilizing Drugs (Refs & Annos)
Effective: May 25, 2016
75 Pa.C.S.A. § 3806
§ 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, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition 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), 1556 (relating to ignition interlock limited license), 3803 (relating to grading), 3804 (relating to penalties) and 3805 (relating to ignition interlock), 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.


2003, Sept. 30, P.L. 120, No. 24, § 16, effective Feb. 1, 2004. Amended 2004, Nov. 29, P.L. 1369, No. 177, § 4, imd. effective; 2014, Oct. 27, P.L. 2905, No. 189, § 1, effective in 60 days [Dec. 26, 2014]; 2016, May 25, P.L. 236, No. 33, § 5, imd. effective.
75 Pa.C.S.A. § 3806, PA ST 75 Pa.C.S.A. § 3806
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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