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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EICHELBERGER, STACK, VOGEL, ERICKSON, KASUNIC, ALLOWAY, WOZNIAK, D. WHITE, RAFFERTY, BREWSTER, TARTAGLIONE, FARNESE AND WARD, APRIL 25, 2011 |
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| REFERRED TO TRANSPORTATION, APRIL 25, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for driving under influence of |
3 | alcohol or controlled substance. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3802(d) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3802. Driving under influence of alcohol or controlled |
9 | substance. |
10 | * * * |
11 | (d) Controlled substances.--An individual may not drive, |
12 | operate or be in actual physical control of the movement of a |
13 | vehicle under any of the following circumstances: |
14 | (1) There is in the individual's blood any amount of a: |
15 | (i) Schedule I controlled substance, as defined in |
16 | the act of April 14, 1972 (P.L.233, No.64), known as The |
17 | Controlled Substance, Drug, Device and Cosmetic Act; |
18 | (ii) Schedule II or Schedule III controlled |
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1 | substance, as defined in The Controlled Substance, Drug, |
2 | Device and Cosmetic Act, which has not been medically |
3 | prescribed for the individual; or |
4 | (iii) metabolite of a substance under subparagraph |
5 | (i) or (ii). |
6 | (2) The individual is under the influence of a drug or |
7 | combination of drugs to a degree which impairs the |
8 | individual's ability to safely drive, operate or be in actual |
9 | physical control of the movement of the vehicle. |
10 | (3) The individual is under the combined influence of |
11 | alcohol and a drug or combination of drugs to a degree which |
12 | impairs the individual's ability to safely drive, operate or |
13 | be in actual physical control of the movement of the vehicle. |
14 | (4) The individual is under the influence of a solvent |
15 | or noxious substance in violation of 18 Pa.C.S. § 7303 |
16 | (relating to sale or illegal use of certain solvents and |
17 | noxious substances). |
18 | (5) There is in the individual's blood an amount of |
19 | methadone which exceeds the amount prescribed to the |
20 | individual or there is in the individual's blood any amount |
21 | of methadone in combination with alcohol or other drugs. |
22 | Section 2. This act shall take effect in 60 days. |
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