§ 3814. Drug and alcohol assessments.
If a defendant is convicted or pleads guilty or no contest to a violation of section
3802 (relating to driving under influence of alcohol or controlled substance), the
following apply prior to sentencing:
(1) The defendant shall be evaluated under section 3816(a) (relating to requirements for
driving under influence offenders) and any other additional evaluation techniques
deemed appropriate by the court to determine the extent of the defendant's involvement
with alcohol or other drug and to assist the court in determining what type of sentence
would benefit the defendant and the public.
(2) The defendant shall be subject to a full assessment for alcohol and drug addiction
if any of the following subparagraphs apply:
(i) The defendant, within ten years prior to the offense for which sentence is being imposed,
has been sentenced for an offense under:
(A) section 3802;
(B) former section 3731; or
(C) an equivalent offense in another jurisdiction.
(ii) Either:
(A) the evaluation under paragraph (1) indicates there is a need for counseling or treatment;
or
(B) the defendant's blood alcohol content at the time of the offense was at least 0.16%.
(3) The assessment under paragraph (2) shall be conducted by one of the following:
(i) The Department of Health or its designee.
(ii) The county agency with responsibility for county drug and alcohol programs or its
designee.
(iii) The clinical personnel of a facility licensed by the Department of Health for the
conduct of drug and alcohol addiction treatment programs.
(4) The assessment under paragraph (2) shall consider issues of public safety and shall
include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.
Special Provisions in Appendix. See section 18 of Act 24 of 2003 in the appendix to this title for special provisions
relating to applicability of sections 3814 and 3815.
Cross References. Section 3814 is referred to in sections 3804, 3807, 3813, 3815, 3816 of this title;
section 9763 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
· cites it 26× “, Pennsylvania Governor’s Message, 9/30/2003 (available in the statutory legislative history, 75 Pa.C.S. § 3814). For every DUI offender who is convicted of a violation of Section 3802 (“Driving under the influence of alcohol or controlled substance”), the provisions of Section…”
Com. v. Westlake, C., 295 A.3d 1281 (Pa. Super. Ct. 2023).
· cites it 6× “Further, 75 Pa.C.S. § 3814 mandates that any defendant convicted of DUI shall be evaluated using the Court Reporting Network under Section 3816.”
Commonwealth v. Williams, 941 A.2d 14 (Pa. Super. Ct. 2008).
· cites it 2× “38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
· cites it 4× “38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Commonwealth v. Popielarcheck, 151 A.3d 1088 (Pa. Super. Ct. 2016).
· cites it 2× “Appellee was a qualified offender required to undergo “a full assessment for alcohol and drug addiction” pursuant to 75 Pa.C.S. § 3814. Appellee did undergo such an assessment, which found that she was “in need of additional treatment.”
Com. v. Prince, A., 2024 Pa. Super. 156 (Pa. Super. Ct. 2024).
· cites it 4× “75 Pa.C.S. § 3814. The initial assessment referenced by the first paragraph proceeds pursuant to § 3816(a), which states, in pertinent part, that the assessment is “to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative…”
Commonwealth v. Dennis, 164 A.3d 503 (Pa. Super. Ct. 2017).
· cites it 2× “Appellant raises the following issue: When [Appellant] entered a guilty plea to DUI but was financially unable to pay the preliminary fee for taking the mandatory, pre-sentence drug and alcohol assessment pursuant to 75 Pa.C.S. § 3814, whether the trial court’s decision to…”
Commonwealth v. Hoffman, 123 A.3d 1065 (Pa. Super. Ct. 2015).
· cites it 2× “38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Com. v. Seals, J., 2026 Pa. Super. 29 (Pa. Super. Ct. 2026).
“(4) If the defendant is determined to be in need of additional treatment under 75 Pa.C.S. § 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum.”
Clark v. Commonwealth, 62 A.3d 1059 (Pa. Commw. Ct. 2013).
“§ 3804(a) (penalties-general impairment) imposes the following penalties for a first offense: (i) mandatory minimum term of six months’ probation; (ii) $300 fine; (iii) attend an approved alcohol highway safety school; and, (iv) comply with all drug and alcohol treatment…”
Commonwealth v. Watson, 157 A.3d 926 (Pa. Super. Ct. 2017).
· cites it 3× “38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Chamberlain v. Unemployment Comp. Bd. of Review, 83 A.3d 283 (Pa. Commw. Ct. 2014).
“38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
— 75 Pa. Cons. Stat. § 3814(1) — 4 cases
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
“, Pennsylvania Governor’s Message, 9/30/2003 (available in the statutory legislative history, 75 Pa.C.S. § 3814). For every DUI offender who is convicted of a violation of Section 3802 (“Driving under the influence of alcohol or controlled substance”), the provisions of Section…”
Com. v. Westlake, C., 295 A.3d 1281 (Pa. Super. Ct. 2023).
“Further, 75 Pa.C.S. § 3814 mandates that any defendant convicted of DUI shall be evaluated using the Court Reporting Network under Section 3816.”
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Com. v. Prince, A., 2024 Pa. Super. 156 (Pa. Super. Ct. 2024).
“75 Pa.C.S. § 3814. The initial assessment referenced by the first paragraph proceeds pursuant to § 3816(a), which states, in pertinent part, that the assessment is “to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative…”
— 75 Pa. Cons. Stat. § 3814(2) — 6 cases
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
“, Pennsylvania Governor’s Message, 9/30/2003 (available in the statutory legislative history, 75 Pa.C.S. § 3814). For every DUI offender who is convicted of a violation of Section 3802 (“Driving under the influence of alcohol or controlled substance”), the provisions of Section…”
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
Com. v. Prince, A., 2024 Pa. Super. 156 (Pa. Super. Ct. 2024).
“75 Pa.C.S. § 3814. The initial assessment referenced by the first paragraph proceeds pursuant to § 3816(a), which states, in pertinent part, that the assessment is “to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative…”
Com. v. Seals, J., 2026 Pa. Super. 29 (Pa. Super. Ct. 2026).
“(4) If the defendant is determined to be in need of additional treatment under 75 Pa.C.S. § 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum.”
Commonwealth v. Watson, 157 A.3d 926 (Pa. Super. Ct. 2017).
“38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).”
— 75 Pa. Cons. Stat. § 3814(2)(i)(A) — 2 cases
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
“, Pennsylvania Governor’s Message, 9/30/2003 (available in the statutory legislative history, 75 Pa.C.S. § 3814). For every DUI offender who is convicted of a violation of Section 3802 (“Driving under the influence of alcohol or controlled substance”), the provisions of Section…”
— 75 Pa. Cons. Stat. § 3814(2)(ii)(B) — 1 case
— 75 Pa. Cons. Stat. § 3814(3) — 2 cases
— 75 Pa. Cons. Stat. § 3814(4) — 4 cases
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
“, Pennsylvania Governor’s Message, 9/30/2003 (available in the statutory legislative history, 75 Pa.C.S. § 3814). For every DUI offender who is convicted of a violation of Section 3802 (“Driving under the influence of alcohol or controlled substance”), the provisions of Section…”
Com. v. Prince, A., 2024 Pa. Super. 156 (Pa. Super. Ct. 2024).
“75 Pa.C.S. § 3814. The initial assessment referenced by the first paragraph proceeds pursuant to § 3816(a), which states, in pertinent part, that the assessment is “to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative…”
— 75 Pa. Cons. Stat. § 3814(a) — 1 case
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