Fourth offense
Zero tolerance for some drugs
Zero tolerance for THC and metabolites
Statute without enhanced penalties
0.16
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
251-350 DREs
11-15 DUI Courts
6-10 Hybrid Courts
No cannabis open container law
Medical Cannabis
Blood
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory all offender
Legislation
Narcotics
Judicial license suspension/revocation
No Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
75 Pa.C.S.A. § 1547(a)
Chemical testing to determine amount of alcohol or controlled substance.
75 Pa.C.S.A. § 1547(a)
Chemical testing to determine amount of alcohol or controlled
substance.
No
No urine testing for driver impairment in Pennsylvania.
No
No oral fluid testing for driver impairment in Pennsylvania.
75 Pa.C.S.A. § 1547(a)
Evidentiary Breath Testing.
75 Pa.C.S.A. § 3802(d) & (f)(3)
Controlled substances.
75 Pa.C.S.A. § 3802(d)(2) or (3) & (f)(3) & (f)(4)
Controlled substances.
75 Pa.C.S.A. § 1547(b) Learn More
Civil penalties for refusal:
75 Pa.C.S.A. § 1547(e)
Refusal admissible in evidence.
75 Pa.C.S.A. § 1547(e)
Refusal admissible in evidence.
N/A
Pennsylvania does not have an administrative license revocation
(ALR) law in place.
N/A
Pennsylvania does not have an administrative license revocation
(ALR) law in place.
N/A
Pennsylvania does not have an administrative license revocation
(ALR) law in place.
75 Pa.C.S.A. § 3805
Ignition interlock eligibility begins with second offense on Tier One offenders for any DUI-related offense.
75 Pa.C.S.A. § 3805
Ignition interlock eligibility begins with second offense on Tier One offenders for any DUI-related offense.
Yes
Any amount of cannabis and/or other drugs above minimum detection levels set by the Department of
Health, Learn More
can be introduced as evidence of a per se violation of the statute prohibiting operation with Schedule
I, II or III drugs in a driver’s system regardless of age.
The initially specified threshold level for THC or its metabolites was set at 5 nanograms per milliliter. This minimum threshold was amended to 1ng/ml in 2011. In 2017, it was again reduced to .5 and amended to include specific metabolites as follows:
Delta-9-THC (THC): 0.5 ng/ml
11-Hydroxy-Delta-9-THC (THC-OH): 1 ng/ml
11-Nor-9-Carboxy-Delta-9-THC (THC-COOH): 1 ng/ml
Any amount of cannabis metabolites at or above these levels can be introduced as evidence of a per se violation of the statute prohibiting operation.
(See above)
No Data Available
The state must show a Schedule I, II or III controlled substance or a metabolite thereof,
with at least a minimum detection level set by the Department of Health, or any drug
which impairs the individual's ability to safely drive, operate or be in actual physical control
of the movement of a vehicle.
Yes
Sentencing statute in specific cases requires judicial consideration of
treatment/assessment options for offenders. See 75 Pa.C.S. A. § 3814 through § 3816
No Data Available
75 Pa.C.S.A. § 3803 &
75 Pa.C.S.A. § 3804
As controlled substances
Controlled substances penalties are treated equal to our Highest Rate blood alcohol
content penalties.
75 Pa.C.S.A. §
3802(d)(2) & (3) &
(f)(3) & (4)
(3) Drug or combination of drugs, and/or combined drugs and alcohol
(1) For a first offense (misdemeanor), to:
(i) undergo imprisonment of not less than 72 consecutive hours;
(ii) pay a fine of not less than $1,000 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements
imposed under sections 3814 and 3815.
Offender is required to attend alcohol highway safety school and
have a license suspension of at least 12 months. May be required to
complete 150 hours of community service and offender may be
required to attend a victim impact panel.
(2) For a second offense (misdemeanor 1), to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements
imposed under sections 3814 and 3815.
Offender is required to attend alcohol highway safety school and
have a license suspension of at least 18 months. A 12 month period of
Ignition Interlock. May be required to complete 150 hours of
community service and offender may be required to attend a victim
impact panel.
(3) For a third or subsequent offense (felony 3), to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment requirements
imposed under sections 3814 and 3815.
Offender is required to attend alcohol highway safety school and
have a license suspension of at least 18 months. A 12 month period of
Ignition Interlock. May be required to complete 150 hours of
community service and offender may be required to attend a victim
impact panel.
75 Pa.C.S.A. §
3803(b)(5)
The Pennsylvania Vehicle Code increases the grading of all DUI offenses, including
Cannabis/Drugs, while a minor under the age of eighteen is a passenger in the vehicle.
An individual who violates section 3802 where a minor under eighteen 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.
Controlled Substances
Act 35 P.S. § 780-104
Tetrahydrocannabinols are referenced
N/A
Pennsylvania does not have an electronic
warrant program in place.
N/A
Pennsylvania does not have an electronic
warrant program in place.
N/A
Pennsylvania does not have a law enforcement phlebotomy program in place.
No
No oral fluid testing for driver impairment in
Pennsylvania
No
No oral fluid testing for driver impairment in
Pennsylvania
No
No oral fluid testing for driver impairment in
Pennsylvania
No
No oral fluid testing for driver impairment in
Pennsylvania
Medical marijuana
only
Medical marijuana patients under 18 years of age must have a caregiver designated.
Cannabis is currently prohibited for everyone
regardless of age under 35 P.S. § 780-
113(a)(31) and (a)(16) unless a medical
exception applies.
Under 30 grams
30 days maximum incarceration
$500 maximum fine. Costs of prosecution.
Above 30 grams without no intent to
distribute
(First Offense) 1-year maximum
Incarceration, $5,000. fine
(Second Offense) 3-year maximum
Incarceration, $25,000. Maximum fine
See above
See above
See above
See above
See above
See above
Yes. Under the Medical Marijuana Act if a patient is under 18 years of age, and the
substance is kept and dispensed by a caregiver. A caregiver must be one of the following:
(i) A parent or legal guardian of the patient.
(ii) An individual designated by a parent or legal guardian.
iii) An appropriate individual approved by the department upon a sufficient showing that
no parent or legal guardian is appropriate or available.
35 Pa. Stat. Ann. § 10231.506
No Data Available
Medical marijuana only, patients under 18 years of age must have a caregiver designated.
Social host laws for alcohol only
No Data Available
No specific section. However, selling schedule I or II controlled substances to anyone is a felony and upon
conviction thereof a person shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not
exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust
the assets utilized in and the profits obtained from the illegal activity.
35 P.S. § 780-113
No Data Available