| 75 Pa.C.S.A. § 3802
§ 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 18Pa.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) or
(f), 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.
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