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§ 3814. Drug and alcohol assessments

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: February 1, 2004

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: February 1, 2004
75 Pa.C.S.A. § 3814
§ 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.

Credits

2003, Sept. 30, P.L. 120, No. 24, § 16, effective Feb. 1, 2004.
75 Pa.C.S.A. § 3814, PA ST 75 Pa.C.S.A. § 3814
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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