§ 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 18 Pa.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), (f) or (h), 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.
(h) Driving under the influence of alcohol or controlled substance following diversion.--
(1) An individual may not drive, operate or be in the actual physical control of the movement
of a vehicle in violation of subsection (a), (b), (c), (d), (e) or (f) within 10 years
after completing an Accelerated Rehabilitative Disposition program or a pretrial diversion
program substantially similar to Accelerated Rehabilitative Disposition in another
jurisdiction, for an offense under this section or a substantially similar offense
in another jurisdiction.
(2) Any of the following shall constitute sufficient proof that the defendant has, within
the last 10 years, completed an Accelerated Rehabilitative Disposition program or
a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition
in another jurisdiction for an offense under this section or a substantially similar
offense in another jurisdiction:
(i) a certified record of the department pursuant to section 6328 (relating to admissibility
of department records);
(ii) a record maintained by the clerk of courts; or
(iii) a substantially similar record from another jurisdiction.
(3) Nothing in this section shall be construed as limiting the introduction of any other
competent evidence bearing upon the question of whether the defendant has, within
the last 10 years, completed an Accelerated Rehabilitative Disposition program or
a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition
in another jurisdiction for an offense under this section or a substantially similar
offense in another jurisdiction.
(May 11, 2006, P.L.155, No.36, eff. imd.; Dec. 22, 2025, P.L.363, No.58, eff. imd.)
2025 Amendment. Act 58 amended subsec. (g) and added subsec. (h). See section 8 of Act 58 in the appendix
to this title for special provisions relating to findings and declarations.
2006 Amendment. See the preamble to Act 36 in the appendix to this title for special provisions relating
to legislative intent.
Cross References. Section 3802 is referred to in sections 1534, 1539, 1541, 1543, 1547, 1552, 1553,
1554, 1575, 1586, 1604, 1611, 3326, 3327, 3716, 3732, 3732.1, 3733, 3735, 3735.1,
3755, 3803, 3804, 3805, 3805.1, 3806, 3807, 3811, 3812, 3814, 3815, 3816, 3817, 6506
of this title; section 14301 of Title 16 (Counties); sections 6105, 7508.1 of Title
18 (Crimes and Offenses); section 5502 of Title 30 (Fish); section 8137 of Title 35
(Health and Safety); sections 933, 1515, 1725.3, 1725.5, 3571, 3573 of Title 42 (Judiciary
and Judicial Procedure).
Notes of Decisions
Cited in
1,332
cases (
428 in the last 5 years), 2004–2026 · leading case:
Commonwealth v. Segida, 985 A.2d 871 (Pa. 2009).
Commonwealth v. Segida, 985 A.2d 871 (Pa. 2009).
· cites it 45× “75 Pa.C.S. § 3802 (emphasis added to text of subsection (a)(1)).”
Com. v. Westlake, C., 295 A.3d 1281, 2023 PA Super 94 (Pa. Super. Ct. 2023).
· cites it 16× “1See 75 Pa.C.S. § 3802(d)(1)(ii) and (iii). In a separate bench trial at this docket, Appellant was also convicted of the summary offense of driving an unregistered vehicle in violation of 75 Pa.”
Com. v. Stone, R., 273 A.3d 1163, 2022 PA Super 65 (Pa. Super. Ct. 2022).
· cites it 14× “The Commonwealth argues that the trial court erred when it agreed to instruct the jury that (1) medical marijuana is not a Schedule I controlled substance under Pennsylvania law;1 and (2) in order to convict Appellee of Driving Under the Influence (DUI) in violation of 75…”
Commonwealth v. Beshore, 916 A.2d 1128 (Pa. Super. Ct. 2007).
· cites it 8× “75 Pa.C.S. § 3802(a)-(c). [2] ¶ 15 Pursuant to Section 3802(a)(1), if a person imbibes enough alcohol to make that person incapable of safely driving, he or she may not thereafter operate a vehicle.”
Commonwealth v. Myers, D., 164 A.3d 1162 (Pa. 2017).
· cites it 5× “7 Myers argued that Officer Bragg lacked probable cause to arrest him for DUI, and that the blood draw 5 See 75 Pa.C.S. § 3802(a)-(c). 6 The Fourth Amendment to the United States Constitution provides: The right of the people to be secure in their persons, houses, papers, and…”
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
· cites it 12× “" 75 Pa.C.S. § 3802; 75 Pa.C.S. § 3731 (repealed); see 1 Pa.”
Commonwealth v. Hicks, M., 208 A.3d 916 (Pa. 2019).
· cites it 4× “§ 3802(b); 75 Pa.C.S. § 3802(a)(1); 35 P.S. § 780-113(a)(31); 18 Pa.”
Commonwealth v. Starry, 196 A.3d 649 (Pa. Super. Ct. 2018).
· cites it 10× “Appellee was charged with two counts of driving under the influence[:] one count under 75 Pa.C.S. § 3802(a)(1), general impairment, and one count under 75 Pa.”
Dwayne Harvard v. Christopher Cesnalis, 973 F.3d 190 (3d Cir. 2020).
· cites it 3× “§ 5503 (a)(4)); and (6) driving under the influence of a controlled substance ( 75 Pa. Cons. Stat. § 3802 (d)(2)).1 In the affidavit, Cesnalis referred to Sutton as “the victim” and entirely credited Sutton’s version of events.”
Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. Ct. 2015).
· cites it 5× “75 Pa.C.S. § 3802. The Controlled Substance, Drug, Device and Cosmetic Act classifies marijuana as a Schedule I controlled substance.”
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
· cites it 6× “3 The refusal of a blood alcohol content (“BAC”) test is not a separate element under 75 Pa.C.S. § 3802; rather, those who refuse a BAC test must be charged pursuant to 75 Pa.”
Com. v. May, R., 271 A.3d 475, 2022 PA Super 25 (Pa. Super. Ct. 2022).
· cites it 6× “Appellant proceeded to trial on a charge of 75 Pa.C.S. § 3802(d)(1)(i), DUI of a controlled substance, which provides: (d) Controlled substances.”
75 Pa. Cons. Stat. § 3802(0)(3): 1 case
75 Pa. Cons. Stat. § 3802(1)(iii): 2 cases
75 Pa. Cons. Stat. § 3802(2): 1 case
75 Pa. Cons. Stat. § 3802(A)(1): 5 cases
75 Pa. Cons. Stat. § 3802(B): 2 cases
75 Pa. Cons. Stat. § 3802(C): 2 cases
75 Pa. Cons. Stat. § 3802(D)(1): 1 case
75 Pa. Cons. Stat. § 3802(D)(1)(iii): 1 case
75 Pa. Cons. Stat. § 3802(D)(2): 2 cases
75 Pa. Cons. Stat. § 3802(a): 71 cases
Commonwealth v. Beshore, 916 A.2d 1128 (Pa. Super. Ct. 2007).
“75 Pa.C.S. § 3802(a)-(c). [2] ¶ 15 Pursuant to Section 3802(a)(1), if a person imbibes enough alcohol to make that person incapable of safely driving, he or she may not thereafter operate a vehicle.”
Commonwealth v. Myers, D., 164 A.3d 1162 (Pa. 2017).
“7 Myers argued that Officer Bragg lacked probable cause to arrest him for DUI, and that the blood draw 5 See 75 Pa.C.S. § 3802(a)-(c). 6 The Fourth Amendment to the United States Constitution provides: The right of the people to be secure in their persons, houses, papers, and…”
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
“" 75 Pa.C.S. § 3802; 75 Pa.C.S. § 3731 (repealed); see 1 Pa.”
Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. Ct. 2015).
“75 Pa.C.S. § 3802. The Controlled Substance, Drug, Device and Cosmetic Act classifies marijuana as a Schedule I controlled substance.”
75 Pa. Cons. Stat. § 3802(a)(1): 529 cases
Commonwealth v. Segida, 985 A.2d 871 (Pa. 2009).
“75 Pa.C.S. § 3802 (emphasis added to text of subsection (a)(1)).”
Commonwealth v. Myers, D., 164 A.3d 1162 (Pa. 2017).
“7 Myers argued that Officer Bragg lacked probable cause to arrest him for DUI, and that the blood draw 5 See 75 Pa.C.S. § 3802(a)-(c). 6 The Fourth Amendment to the United States Constitution provides: The right of the people to be secure in their persons, houses, papers, and…”
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“3 The refusal of a blood alcohol content (“BAC”) test is not a separate element under 75 Pa.C.S. § 3802; rather, those who refuse a BAC test must be charged pursuant to 75 Pa.”
75 Pa. Cons. Stat. § 3802(a)(1)(c): 1 case
75 Pa. Cons. Stat. § 3802(a)(1)(i): 1 case
75 Pa. Cons. Stat. § 3802(a)(2): 66 cases
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
“" 75 Pa.C.S. § 3802; 75 Pa.C.S. § 3731 (repealed); see 1 Pa.”
75 Pa. Cons. Stat. § 3802(a)(I): 2 cases
75 Pa. Cons. Stat. § 3802(a)(J): 1 case
75 Pa. Cons. Stat. § 3802(a)(l): 14 cases
75 Pa. Cons. Stat. § 3802(b): 103 cases
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
“" 75 Pa.C.S. § 3802; 75 Pa.C.S. § 3731 (repealed); see 1 Pa.”
75 Pa. Cons. Stat. § 3802(c): 193 cases
Commonwealth v. Segida, 985 A.2d 871 (Pa. 2009).
“75 Pa.C.S. § 3802 (emphasis added to text of subsection (a)(1)).”
Commonwealth v. Starry, 196 A.3d 649 (Pa. Super. Ct. 2018).
“Appellee was charged with two counts of driving under the influence[:] one count under 75 Pa.C.S. § 3802(a)(1), general impairment, and one count under 75 Pa.”
75 Pa. Cons. Stat. § 3802(c)(1): 1 case
75 Pa. Cons. Stat. § 3802(d): 35 cases
Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. Ct. 2015).
“75 Pa.C.S. § 3802. The Controlled Substance, Drug, Device and Cosmetic Act classifies marijuana as a Schedule I controlled substance.”
75 Pa. Cons. Stat. § 3802(d)(1): 48 cases
Com. v. Stone, R., 273 A.3d 1163, 2022 PA Super 65 (Pa. Super. Ct. 2022).
“The Commonwealth argues that the trial court erred when it agreed to instruct the jury that (1) medical marijuana is not a Schedule I controlled substance under Pennsylvania law;1 and (2) in order to convict Appellee of Driving Under the Influence (DUI) in violation of 75…”
75 Pa. Cons. Stat. § 3802(d)(1)(i): 81 cases
Com. v. May, R., 271 A.3d 475, 2022 PA Super 25 (Pa. Super. Ct. 2022).
“Appellant proceeded to trial on a charge of 75 Pa.C.S. § 3802(d)(1)(i), DUI of a controlled substance, which provides: (d) Controlled substances.”
Com. v. Stone, R., 273 A.3d 1163, 2022 PA Super 65 (Pa. Super. Ct. 2022).
“The Commonwealth argues that the trial court erred when it agreed to instruct the jury that (1) medical marijuana is not a Schedule I controlled substance under Pennsylvania law;1 and (2) in order to convict Appellee of Driving Under the Influence (DUI) in violation of 75…”
75 Pa. Cons. Stat. § 3802(d)(1)(ii): 24 cases
Com. v. Westlake, C., 295 A.3d 1281, 2023 PA Super 94 (Pa. Super. Ct. 2023).
“1See 75 Pa.C.S. § 3802(d)(1)(ii) and (iii). In a separate bench trial at this docket, Appellant was also convicted of the summary offense of driving an unregistered vehicle in violation of 75 Pa.”
75 Pa. Cons. Stat. § 3802(d)(1)(iii): 26 cases
Com. v. Westlake, C., 295 A.3d 1281, 2023 PA Super 94 (Pa. Super. Ct. 2023).
“1See 75 Pa.C.S. § 3802(d)(1)(ii) and (iii). In a separate bench trial at this docket, Appellant was also convicted of the summary offense of driving an unregistered vehicle in violation of 75 Pa.”
Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. Ct. 2015).
“75 Pa.C.S. § 3802. The Controlled Substance, Drug, Device and Cosmetic Act classifies marijuana as a Schedule I controlled substance.”
75 Pa. Cons. Stat. § 3802(d)(2): 135 cases
Com. v. May, R., 271 A.3d 475, 2022 PA Super 25 (Pa. Super. Ct. 2022).
“Appellant proceeded to trial on a charge of 75 Pa.C.S. § 3802(d)(1)(i), DUI of a controlled substance, which provides: (d) Controlled substances.”
75 Pa. Cons. Stat. § 3802(d)(2)(i): 1 case
75 Pa. Cons. Stat. § 3802(d)(3): 31 cases
75 Pa. Cons. Stat. § 3802(d)(ii): 1 case
75 Pa. Cons. Stat. § 3802(d)(iii): 1 case
75 Pa. Cons. Stat. § 3802(d)(l): 1 case
75 Pa. Cons. Stat. § 3802(d)(l)(i): 1 case
75 Pa. Cons. Stat. § 3802(d)(l)(ii): 2 cases
75 Pa. Cons. Stat. § 3802(e): 9 cases
75 Pa. Cons. Stat. § 3802(f)(1)(i): 1 case
75 Pa. Cons. Stat. § 3802(f)(3): 1 case
75 Pa. Cons. Stat. § 3802(g): 21 cases
Commonwealth v. Beshore, 916 A.2d 1128 (Pa. Super. Ct. 2007).
“75 Pa.C.S. § 3802(a)-(c). [2] ¶ 15 Pursuant to Section 3802(a)(1), if a person imbibes enough alcohol to make that person incapable of safely driving, he or she may not thereafter operate a vehicle.”
Commonwealth v. Starry, 196 A.3d 649 (Pa. Super. Ct. 2018).
“Appellee was charged with two counts of driving under the influence[:] one count under 75 Pa.C.S. § 3802(a)(1), general impairment, and one count under 75 Pa.”
75 Pa. Cons. Stat. § 3802(g)(1): 6 cases
Commonwealth v. Starry, 196 A.3d 649 (Pa. Super. Ct. 2018).
“Appellee was charged with two counts of driving under the influence[:] one count under 75 Pa.C.S. § 3802(a)(1), general impairment, and one count under 75 Pa.”
75 Pa. Cons. Stat. § 3802(g)(2): 5 cases
Commonwealth v. Starry, 196 A.3d 649 (Pa. Super. Ct. 2018).
“Appellee was charged with two counts of driving under the influence[:] one count under 75 Pa.C.S. § 3802(a)(1), general impairment, and one count under 75 Pa.”
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