The PA Department of Health recently published a list of Minimum Levels of Controlled Substance or Their Metabolites in Blood to Establish Presence of Controlled Substance. To view the article and list of Schedule I & II drugs click here.

DUI Law Grading and Sentencing Guide

Crimes Code

Section 6307	Misrepresentation of Age to Secure Liquor or Malt or Brewed Beverages
Section 6308	Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages
Section 6309	Representing that Minor is of Age
Section 6310	Inducement of Minors to Buy Liquor or Malt or Brewed Beverages
Section 6310.1	Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors
Section 6310.2	Manufacture or Sale of False Identification Card
Section 6310.3	Carrying a False Identification Card
Section 6310.4	Restriction of Operating Privileges
Section 6310.5	Predisposition Evaluation
Section 6310.6	Definitions
Section 6310.7	Selling or Furnishing Nonalcoholic Beverages to Persons Under 21 Years of Age
Section 6313	Special Information
Section 7508.1	Substance Abuse Education and Demand Reduction Fund

Vehicle Code

Section 1518	Reports on mental or physical disabilities or disorders
Section 1519	Determination of incompetency
Section 1532	Suspension of Operating Privilege
Section 1533	Suspension of operating privilege for failure to respond to citation
Section 1534	Notice of acceptance of Accelerated Rehabilitative Disposition
Section 1539	Suspension of operating privilege on accumulation of points
Section 1541	Period of disqualification, revocation or suspension of operating privilege
Section 1542	Revocation of habitual offender's license
Section 1543	Driving while operating privilege is suspended or revoked
Section 1545	Restoration of operating privilege
Section 1546	Suspension or revocation of nonresident's operating privilege
Section 1547	Chemical testing to determine amount of alcohol or controlled substance.
Section 1548	Requirements for driving under influence offenders
Section 1549	Establishment of schools
Section 1552	Accelerated Rehabilitative Disposition
Section 1553	Occupational limited license
Section 1554	Probationary license
Section 1573	Displaying a foreign license during suspension or revocation
Section 1574	Permitting unauthorized person to drive
Section 1575	Permitting violation of title
Section 1611	Disqualification
Section 1612	Commercial and school vehicle drivers prohibited from operating with any alcohol in system
Section 1613	Implied consent requirements for commercial motor vehicle drivers
Section 1614	Notification of traffic convictions
Section 1615	Authority to enter agreements
Section 1724	Certain nonexcludable conditions
Section 3550	Pedestrians under influence of alcohol or controlled substance
Section 3718	Minor prohibited from operating with any alcohol in system
Section 3719	Passengers in open trucks
Section 3731	Driving under influence of alcohol or controlled substance - Repealed - Effective 2/1/04
Section 3732	Homicide by vehicle
Section 3733	Fleeing or attempting to elude police officer
Section 3734	Driving without lights to avoid identification or arrest
Section 3735	Homicide by vehicle while driving under influence
Section 3735.1	Aggravated assault by vehicle while driving under the influence
Section 3736	Reckless Driving
Section 3742	Accidents involving death or personal injury
Section 3742.1	Accidents involving death or personal injury while not properly licensed
Section 3743	Accidents involving damage to attended vehicle or property
Section 3744	Duty to give information and render aid
Section 3745	Accidents involving damage to unattended vehicle or property
Section 3746	Immediate notice of accident to police department
Section 3748	False reports
Section 3749	Reports by coroners and medical examiners
Section 3755	Reports by emergency room personnel
	CHAPTER 38 - Driving After Imbibing Alcohol or Utilizing Drugs
Section 3801	Definitions
Section 3802	Driving under influence of alcohol or controlled substance
Section 3803	Grading
Section 3804	Penalties
Section 3805	Ignition interlock
Section 3806	Prior offenses
Section 3807	Accelerated Rehabilitative Disposition
Section 3808	Illegally operating a motor vehicle not equipped with ignition interlock
Section 3809	Restriction on alcoholic beverages
Section 3810	Authorized use not a defense
Section 3811	Certain arrests authorized
Section 3812	Preliminary hearing or arraignment
Section 3813	Work release
Section 3814	Drug and alcohol assessments
Section 3815	Mandatory sentencing
Section 3816	Requirements for driving under influence offenders
Section 3817	Reporting requirements for offenses
Section 6323	Reports by courts
Section 6343	Pursuit records
Section 6501	Definition of conviction
Section 6502	Summary offenses
Section 6503	Subsequent convictions of certain offenses
Section 6503.1	Habitual offenders
Section 6504	Inability to pay fine and costs
Section 6506	Surcharge
Section 7726	Operation in safe manner

Law enforcement agencies face competing priorities that change daily. They carry out their duties under constant scrutiny by public interest groups, the media, politicians, and the community. On any given day, officers are responsible for arresting criminals, dealing with domestic violence, patrolling shopping areas, conducting community relation activities, and yes, apprehending driving under the influence offenders.

Click here for the TOP GUN application

The Pennsylvania DUI Association felt that law enforcement officers in Pennsylvania deserve a thank you for their work in reducing the threat of impaired drivers on our roadways. It was with this intent that the PA DUI Association developed the DUI TOP GUN awards for police officers that have demonstrated a commitment to DUI enforcement.

This yearly event began in 1998. The Association contacted every Chief of Police, DUI Coordinator, and every Comprehensive Highway Safety Coordinator in Pennsylvania for their nomination of officers for this award. The response was overwhelming. The number of nominations received revealed that in most departments there is at least one officer that makes DUI enforcement a priority.

The finalists each received a plaque, a special golf-shirt (embroidered with DUI TOP GUN) and an enforcement tool to encourage them to continue their enforcement efforts: a brand new Intoximeters portable breath test equipment.

2008 TOP GUN AWARD Winners

In 2008 the following municipal police officers were selected from Pennsylvania:

Patrol Officer Ritchie Blymier, York City Police Department

Officer Michael Carpenter, Wrightsville Borough Police Department

Officer Warren S. Cornelious, Camp Hill Borough Police Department

Patrol Officer Stephen Curley, Upper Moreland Township Police Department

Lt. Daniel Duffy, Scranton Police Department

DCNR Ranger Gregory Eitner, PA DCNR - Dept. of Forestry

Officer Budd Frankenfield, III, Salisbury Township Police Department

Officer Justin Golder, Hellam Township Police Department

Officer Russell Hittle, Tredyffrin Township Police Department

Patrolman Scott Kercher, Rosslyn Farms Boro Police Department

Patrolman Robert Kraw czyk, Roaring Brook Township Police Department

Officer Gary Krek, Baldwin Town ship Police Department

Patrolman Guy Kuzak, Cecil Township Police Department

Patrolman Scott Ledo, Walnutport Borough Police Department

Lt. Andrew Lisiecki, City of Pittsburgh Police Department

Patrolman Joshua Mallery, Quakertown Borough Police Department

Patrolman Jason Nothstein, Walnutport Borough Police Department

Patrolman Robert Olecki Jr. Scranton Police Department

Patrolman Robert Ressler, West Shore Regional Police Department

Officer Michael Schiffhauer, York Area Regional Police Department

Officer William Stickler, Annville Township Police Department

Patrolman Juan Terry, City of Pittsburgh Police Department

Officer Ron Wolfe, City of Pittsburgh Police Department

In 2008 the following state police officers were selected from Pennsylvania:

Trooper Michael Brandtonies, Pennsylvania State Police Troop H Carlisle

Trooper Creighton Callas, Pennsylvania State Police Troop B Uniontown

Trooper Jason Churney, Pennsylvania State Police Troop B Uniontown

Trooper Frank Cichra, Pennsyalvania State Police Troop D Butler

Trooper Craig Finkle, Pennsylvania State Police Troop H Chambersburg

Trooper Jeffrey Flowers, Pennsylvania State Police Troop A Somerset

Trooper Jeremiah George, Pennsylvania State Police Tr oop A Indiana

Trooper Martin Gonglik, Pennsylvania State Police Troop B Washington

Trooper Joseph Harper, Pennsylvania State Police Troop J Lancaster

Tfc. Eric Miller, Pennsylvania State Police Troop D Mercer

Trooper Joshua Miller, Pennsylvania State Police Troop N Swiftwater

Trooper Peter Minko, Pennsylvania State Police Troop J Lancaster

Trooper Christopher Nacios, Pennsylvania State Police Troop M Trevose

Trooper Samuel Nassan, Pennsylvania State Police Troop B Pittsburgh

Trooper Matthew Nickey, Pennsylvania State Police Troop H Gettysburg

Corporal Shawn Noonan, Pennsylvania State Police Troop N Hazleton

Trooper Jeffrey Ogrodowski, jr., Pennsylvania State Police Troop B Washington

Sgt. William Palmero, Pennsylvania State Police Troop H Carlisle

Trooper David Pezzano, Pennsylvania State P olice Troop K Skippack

Trooper Bryan Schutz, Pennsylvania State Police Troop B Pittsburgh

Trooper Scott Smith, Pennsylvania State Police Troop A Indiana

Trooper Adam Thomas, Pennsylvania State Police Troop H Carlisle

Trooper Jeffrey Wirth, Pennsylvania State Police Troop B Belle Vernon

Trooper Eric Zona, Pennsylvania State Police Troop B Belle Vernon

The Association's involvement in these events sent a strong signal of encouragement and support to the selected individuals and police departments to keep DUI enforcement a priority. With their efforts we can keep moving toward a healthier and safer Pennsylvania.

Following this link for list of past Top Gun Awards Recipients

According to the Uniform Crime Report the Departments

listed below are those that made the most DUI arrests in 2007.

No. of

Arrests            Police Department                    County

Following are 20 cues which police officers may use to detect nighttime drunk drivers. The cues were developed from interviews with a variety of law enforcement specialists in DUI detection; from a detailed analysis of more than 1,000 DUI arrest reports from different geographical regions; and from a field study in which cues observed in more than 600 patrol stops were correlated with driver BAC levels. These cues represent the most systematically developed method available for visually predicting whether a vehicle operated at night is being driven by a DUI driver or a sober driver.
 

Turning with a wide radius	65%
Straddling center or lane marker	65%
Appearing to be drunk	60%
Almost striking object or vehicle	60%
Weaving	60%
Driving on other than designated roadway	55%
Swerving	55%
Slow speed (more than 10 mph below limit)	50%
Stopping (without cause) in traffic lane	50%
Following too closely	50%
Drifting	50%
Tires on center or lane marker	45%
Braking erratically	45%
Driving into opposing or crossing traffic	45%
Signaling inconsistent with driving actions	40%
Slow response to traffic signals	40%
Stopping inappropriately (other than in lane)	35%
Turning abruptly or illegally	35%
Accelerating or decelerating rapidly	30%
Headlights off	30%

The number given after each visual cue is the probability that a driver exhibiting that cue has a BAC equal to or greater than 0.10 percent. For example, the 65 for the first cue; turning with wide radius, means that chances are 65 out of 100 that a driver who turns with a wide radius at night will have a BAC equal to or greater than 0.10 percent. The 50 for drifting means that chances are 50 out of 100 (50:50) that a driver who is drifting at night will have a BAC equal to or greater than 0.10 percent.

Each value shown is based on seeing only one cue. However, multiple cues are often seen. When two or more cues are seen add 10 to the highest value among the cues observed. For example:

Turning with wide radius 65
and
Drifting (50) +10
Total 75

Chances are 75 out of 100 that a driver who exhibits both these cues will have a BAC equal to or greater than 0.10 percent.





2007 Pennsylvania Uniform Crime Reporting Drug & Alcohol Highlights
The Pennsylvania Uniform Crime Reporting (UCR) Program was established as a result of the Uniform Criminal Statistics of 1970. The latest edition of the Annual Uniform Crime report portrays the nature, volume and extent of crime in the Commonwealth during 2007.

While the intent  is to report on drug and alcohol related crimes, we certainly can't ignore the 2007 Pennsylvania Crime Clock. According to the above mentioned publication one index crime is committed every 1 minute and 33 seconds. A violent crime is committed every 10 minutes 22 second and a property crime occurs every 1 minute 50 seconds.

The breakdown for violent crimes are as follows:
one MURDER every 12 hours 2 minutes
one RAPE every 2 hours 35 minutes
one ROBBERY every 27 minutes 23 seconds
one AGGRAVATED ASSAULT every 19 minutes 9 seconds

Property crime breakdown:
one BURGLARY every 9 minutes 39 seconds
one LARCENY-THEFT every 2 minutes 35 seconds
one MOTOR VEHICLE THEFT every 20 minutes 13 seconds
one ARSON every 3 hours 40 minutes

Drunkenness: There were 26,000 persons arrested in 2007 for drunkenness, a 7.7 percent increase from the 24,139 arrest in 2006. Persons arrested for drunkenness were predominantly male (81.6%), white (87.8%), and 25 years of age and older (72.2%). Arrests for drunkenness reached a peak of 2,700 in August and a low of 1,487 in February.

Drunkenness Crime Clock: one every 22 minutes 41 seconds.

Liquor Law Violation: There were 20,170 liquor law offenses reported in 2007, resulting in 30,509 persons being arrested for this violation. This was a 2.3 percent decrease from the 31,233 arrested in 2006. In general, persons arrested for liquor law offenses were predominantly male (68.0%), white (93.4%), and under 25 years of age (96.7%). Monthly totals of liquor law offenses varied from a low of 1,039 in December to a high of 2,445 in September.

Liquor Law Violation Crime Clock: one every 17 minutes 14 seconds.

Driving Under the Influence: There were 51,542 persons arrested in 2007 for driving under the influence offenses. This is a 4.4 percent increase from the 49,384 in 2006. Persons arrested for driving under the influence were predominantly male (78.6%), white (98.7%), and 25 years of age and older (71.2%). This offense varied from a low of 3,993 in February to a high of 4,792 in May.

Driving Under the Influence Crime Clock: one every 10 minutes 12 seconds.

Drug Abuse Violations:  In 2007, 58,783 arrests were made for drug abuse offenses. This is a 2.8 percent increase from the 57,183 arrests in 2006. Persons arrested for drug abuse offenses were predominantly male (83.3%), white (54.1%), and 25 years of age and older (51.4%). The violations varied from a low of 3,686 in December to a high of 4,937 in May.

Drug Abuse Violations Crime Clock: one every 8 minutes 56 seconds.

The information listed below is derived from the CRN Statewide Statistical Report, year end 2008. Every individual arrested for DUI in PA has received an evaluation which was then cross-referenced with driving history and criminal history. Below please find information compiled through these methods which reflects who the "typical" DUI offender is in Pennsylvania.

Sex:
Male -  76%
Female -  24%

Average Age: 34

Age Breakdown:

Marital Status:

Education:

Average Income: $33,682

Employment Status:
Employed -  74.6%
Unemployed - 25.4%

Reason Police Stopped Client:

Day of Arrest:

Time of Arrest:

Average BAC: .17


Traffic Safety History:

No other DUI Violations - 73.2%
Persons Having 1 Violation - 17.9%
Persons Having 2 Violations - 5.4%
Persons Having 3+ Violations - 3.5%


Controlled Substance Use:

Illicit or Non-Prescribed Controlled Substances

Prescribed Controlled Substances

No controlled substance usage - 63.3%
Persons Using 1 Drug  - 24.1%
Persons Using 2 Drugs - 8.1%
Persons Using 2+ Drugs - 4.5%

70% of all illegal drug users are employed
25% of 18 to 35 year old workers and 14% or workers of all ages used illegal drugs in the past year
10% of workers are alcoholics
26% of Pennsylvania workers know co-workers who use drugs on-the-job
43% of Pennsylvania workers know co-workers who are under the influence of alcohol on-the-job
16% of Pennsylvania workers were offered alcohol on-the-job and 7% were offered drugs

Lost productivity -- abusers are 33% less productive
Higher employee absenteeism -- alcoholics and problem drinkers are absent from work 3.8 to 8.3 times more often than normal. Drug users are absent from work an average of 5 days per month due to drug use.
More on-the-job accidents -- drug using employees are 3.6% more likely to be involved in workplace accidents and 5 times more likely to file a workers' compensation claim.
Higher workers' compensation rates --38 to 50% of all workers' compensation claims are related to substance abuse.                                                                                                                                        Higher Medical Costs --  Substance abusers are three times more likely to use medical benefits than other employees.
Higher employee theft -- 80% of drug users steal from their workplaces to support their drug use. Workplace Violence -- Substance abuse is the third leading cause of workplace violence.


Substance Abuse is Costing Pennsylvania -- About $10 billion a year

(from Drug Free Pennsylvania)

The Driver License Compact (DLC) is a compact among 43 member states to maximize law enforcement efforts nationwide. Serious offenses such as drunk driving, vehicular manslaughter, any felony involving the use of a motor vehicle and failure to stop and render aid in the event of an accident, are no less serious when committed in some other state than when committed in the motorist's home state.

If a person is convicted of a traffic offense in a DLC member state the DLC member state is required to report the conviction to the motorist's home state.

The Pennsylvania Department of Transportation has been a member of the DLC since January 1, 1995 and was implemented in two phases. In the first phase the Bureau of Driver Licensing was receiving and imposing sanctions against PA motorists convicted in member states for: 1) manslaughter or negligent homicide; 2) driving under the influence; 3) conviction of a felony in which a motor vehicle was used; 4) failure to stop and render aid in an accident resulting in death or personal injury.

Phase two, which began in early 1996, included the receiving and processing of "minor " offenses such as speeding, red light and stop sign violations.

The three main objectives of the DLC are the implementation of a "one license concept," implementation of the "one record concept," and to insure uniform and predictable treatment of drivers regardless of state of residence.

The main goals of the Driver License compact are:

1. to prevent individual drivers from obtaining multiple driver licenses and to prevent the use of multiple licenses to retain driving privileges while under suspension or revocation in other states;
   
2. to insure that an individual's entire driving record, including offenses in all states in which the individual has driven, is used to determine their driving eligibility in the home jurisdiction and all other states; and
   
3. to insure uniform and predictable treatment of drivers convicted of serious traffic offenses wherever the offense and conviction occurs.
   

Member states of the DLC are:

Alabama Arizona Arkansas Colorado Connecticut Delaware District of Columbia Florida Hawaii Idaho Illinois

New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island

Indiana Iowa Kansas Louisiana Maine Maryland Minnesota Mississippi Missouri Nebraska Nevada

South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wyoming