CHAPTER 38
DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS
Sec.
3801. Definitions.
3802. Driving under influence of alcohol or controlled substance.
3803. Grading.
3804. Penalties.
3805. Ignition interlock.
3806. Prior offenses.
3807. Accelerated Rehabilitative Disposition.
3808. Illegally operating a motor vehicle not equipped with ignition interlock.
3809. Restriction on alcoholic beverages.
3810. Authorized use not a defense.
3811. Certain arrests authorized.
3812. Preliminary hearing or arraignment.
3813. Work release.
3814. Drug and alcohol assessments.
3815. Mandatory sentencing.
3816. Requirements for driving under influence offenders.
3817. Reporting requirements for offenses.
Enactment. Chapter 38 was added September 30, 2003, P.L.120, No.24, effective February 1, 2004.
Special Provisions in Appendix. See sections 19, 20 and 21 of Act 24 of 2003 in the appendix to this title for special
provisions relating to initial contracts by department, duties of department and applicability.
Cross References. Chapter 38 is referred to in sections 1542, 1545, 1552, 1553, 3101 of this title;
section 5329 of Title 23 (Domestic Relations); sections 67A01, 9763 of Title 42 (Judiciary
and Judicial Procedure).
§ 3801. Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Adult." An individual who is at least 21 years of age.
"Ignition interlock system." A system approved by the department which prevents a vehicle from being started or
operated unless the operator first provides a breath sample indicating that the operator
has an alcohol level less than 0.025%.
"Minor." An individual who is under 21 years of age.
Cross References. Section 3801 is referred to in section 1556 of this title.
Notes of Decisions
Commonwealth v. Hilliar, 943 A.2d 984 (Pa. Super. Ct. 2008).
“Whether the 2004 DAI Per Se Laws, 75 Pa.C.S. § 3801 et seq. and § 1547 and attendant Statutes violate the Constitution of the Commonwealth of Pennsylvania and the United States Constitution as to (A) separation of powers, (B) procedural due process of law, right to counsel and…”
Alexander v. Com., Dept. of Transp., 880 A.2d 552 (Pa. 2005).
“Although the Interlock Law was in effect at all times relevant to this appeal, it was later repealed effective February 1, 2004, and the repealed law was replaced with 75 Pa.C.S. §§ 3801 and 3805. Substantive changes were made in the new legislation, but the retroactivity…”
Probst v. Com., Dept. of Transp., 849 A.2d 1135 (Pa. 2004).
“§ 7001, is now in 75 Pa.C.S. § 3801. The provisions in Act 63 requiring the installation of the ignition interlock system on the vehicles of certain DUI offenders and providing for certain additional drivers' license restoration requirements formerly set forth in 42 Pa.”
Whalen v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 32 A.3d 677 (Pa. 2011).
“” 75 Pa.C.S. § 3801. The purpose of the ignition interlock statute is not to impose further punishment on repeat DUI offenders for past conduct, but rather to protect society from those whose history suggests that they may continue to drive while intoxicated.”
Stair v. Com. Dept. of Transp., 911 A.2d 1014 (Pa. Commw. Ct. 2006).
“” Section 3801 of the Vehicle Code, 75 Pa.C.S. § 3801. 4 . Section 3805(a) of the Vehicle Code, effective until June 30, 2007, provides, in pertinent part: (a) General rule.”
Commonwealth v. Brugger, 88 A.3d 1026 (Pa. Super. Ct. 2014).
“On May 7, 2103, after reviewing the Commonwealth’s response, this Court determined that it lacked jurisdiction and quashed the Commonwealth's interlocutory appeal.”
Barnas v. Com., Dept. of Transp., 906 A.2d 532 (Pa. 2006).
· cites it 2× “08% blood alcohol content provision in 75 Pa.C.S. § 3801(a). Effective February 1, 2004, 75 Pa.”
Martz v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 924 A.2d 745 (Pa. Commw. Ct. 2007).
“The System is defined as a “system approved by the [D]epartment which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.”
— 75 Pa. Cons. Stat. § 3801(a) — 1 case
— 75 Pa. Cons. Stat. § 3801(a)(1) — 4 cases
Commonwealth v. Brugger, 88 A.3d 1026 (Pa. Super. Ct. 2014).
“On May 7, 2103, after reviewing the Commonwealth’s response, this Court determined that it lacked jurisdiction and quashed the Commonwealth's interlocutory appeal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.