§ 3803. Grading
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: November 8, 2022
Effective: November 8, 2022
75 Pa.C.S.A. § 3803
§ 3803. Grading
(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).
(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 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:
Credits
2003, Sept. 30, P.L. 120, No. 24, § 16, effective Feb. 1, 2004. Amended 2004, Nov. 29, P.L. 1369, No. 177, § 2, imd. effective; 2012, May 8, P.L. 255, No. 39, § 1, effective in 60 days [July 9, 2012]; 2014, Oct. 27, P.L. 2905, No. 189, § 1, imd. effective; 2018, Oct. 24, P.L. 925, No. 153, § 3, effective in 60 days [Dec. 24, 2018]; 2022, July 11, P.L. 717, No. 59, § 1, effective in 120 days [Nov. 8, 2022].
75 Pa.C.S.A. § 3803, PA ST 75 Pa.C.S.A. § 3803
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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