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§ 3803. Grading

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: November 8, 2022

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: November 8, 2022
75 Pa.C.S.A. § 3803
§ 3803. Grading
(a) Basic offenses.--Except as provided in subsection (b):
(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 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.
(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 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.
(ii) A felony of the second degree if the individual has three or more prior offenses.
(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.

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 the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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