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Pennsylvania

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Statute without enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

No ALS/ALR law

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

11-15 DUI Courts

DUI Courts - Hybrid

6-10 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Narcotics

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

No Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

75 Pa.C.S.A. § 1547(a)
Chemical testing to determine amount of alcohol or controlled substance.

Blood

75 Pa.C.S.A. § 1547(a)
Chemical testing to determine amount of alcohol or controlled substance.

Urine

No
No urine testing for driver impairment in Pennsylvania.

Oral Fluids

No
No oral fluid testing for driver impairment in Pennsylvania.

Other

75 Pa.C.S.A. § 1547(a)
Evidentiary Breath Testing.

DUI Statutes

Drugs

75 Pa.C.S.A. § 3802(d) & (f)(3)
Controlled substances.

Combined/Multiple Substance

75 Pa.C.S.A. § 3802(d)(2) or (3) & (f)(3) & (f)(4)
Controlled substances.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

75 Pa.C.S.A. § 1547(b) Learn More
Civil penalties for refusal:

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

75 Pa.C.S.A. § 1547(e)
Refusal admissible in evidence.

Criminal Trial

75 Pa.C.S.A. § 1547(e)
Refusal admissible in evidence.

ALR Laws

Cannabis

N/A
Pennsylvania does not have an administrative license revocation (ALR) law in place.

Length/Time of Restriction

N/A
Pennsylvania does not have an administrative license revocation (ALR) law in place.

Hardship License Available

N/A
Pennsylvania does not have an administrative license revocation (ALR) law in place.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

75 Pa.C.S.A. § 3805
Ignition interlock eligibility begins with second offense on Tier One offenders for any DUI-related offense.

Other Drugs

75 Pa.C.S.A. § 3805
Ignition interlock eligibility begins with second offense on Tier One offenders for any DUI-related offense.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

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.

Cannabis Per Se Statute

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.

Threshold

(See above)

Nanogram Limit

No Data Available

DUI Standards

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.

Provisions for Screening Cannabis/Assessment/Education/Treatment

Yes
 Sentencing statute in specific cases requires judicial consideration of treatment/assessment options for offenders. See 75 Pa.C.S. A. § 3814 through § 3816

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

75 Pa.C.S.A. § 3803 & 75 Pa.C.S.A. § 3804
As controlled substances

Are the Impaired Driving Penalties the Same for Alcohol?

Controlled substances penalties are treated equal to our Highest Rate blood alcohol content penalties.

Are Combined Substances Mentioned in DUI Statute?

75 Pa.C.S.A. § 3802(d)(2) & (3) & (f)(3) & (4)
(3) Drug or combination of drugs, and/or combined drugs and alcohol

Penalties for Multiple Substance/Multiple Substance Impaired Driving

(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.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Controlled Substances Act 35 P.S. § 780-104
Tetrahydrocannabinols are referenced

Electronic Warrant Program

Statewide

N/A
Pennsylvania does not have an electronic warrant program in place.

By Locality

N/A
Pennsylvania does not have an electronic warrant program in place.

Law Enforcement Phlebotomy Program

N/A
Pennsylvania does not have a law enforcement phlebotomy program in place.

Oral Fluid

For Drug Detection

No
No oral fluid testing for driver impairment in Pennsylvania

Roadside - Not Evidential

No
No oral fluid testing for driver impairment in Pennsylvania

Evidential

No
No oral fluid testing for driver impairment in Pennsylvania

Roadside and Evidential

No
No oral fluid testing for driver impairment in Pennsylvania

Minimum Legal Age for Cannabis Consumption

Medical marijuana only
Medical marijuana patients under 18 years of age must have a caregiver designated.

Underage Cannabis Laws and Penalties

Underage Possession

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

Underage Consumption

See above
See above

Underage Purchase

See above
See above

Underage Attempt to Purchase

See above
See above

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

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

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

Medical marijuana only, patients under 18 years of age must have a caregiver designated.

Social Host Laws

Cannabis

Social host laws for alcohol only

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

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

Other

No Data Available