Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article V - Fees › Chapter 94 - ALCOHOL HIGHWAY SAFETY SCHOOLS AND DRIVING UNDER THE INFLUENCE PROGRAM COORDINATORS › Section 94.9 - Notification of possible fine and imprisonment

Current through Register Vol. 54, No. 28, July 13, 2024
AHSS instructors shall provide oral and written notice of
						the provisions of
						75 Pa.C.S.
						1543(b) (relating to driving
						while operating privilege is suspended or revoked) to all AHSS students during
						the first component of AHSS, in the following manner:
(1) Two copies of a written notice as
					 provided in paragraph (6) shall be distributed to every student during the
					 first component.
(2) The notice
					 shall be read aloud by the AHSS instructor in the presence of all the AHSS
					 students in attendance.
(3) All
					 AHSS students shall sign and date both copies of the notice.
(4) The AHSS instructor shall collect one
					 copy of the signed and dated notice from each AHSS student.
(5) The AHSS instructor shall file the signed
					 and dated copy of the notice in each AHSS student's record.
(6) The written notice must state the
					 following:
You are hereby notified that, either as a result of your
						conviction for DUI, or as a condition of acceptance of ARD, Section 1543(b) of
						the Pennsylvania Consolidated Statutes, Title 75, Vehicles (Vehicle Code) now
						applies to you.
Section 1543(b) provides that any person who drives a
						motor vehicle on any highway or trafficway of this Commonwealth at a time when
						their operating privilege is suspended or revoked either-
(1) as a condition of acceptance of
					 Accelerated Rehabilitative Disposition,
(2) for a violation of Section 3802 or the
					 former section 3731 (relating to driving under the influence of alcohol or
					 controlled substance),
(3) because
					 of a violation of section 1547(b)(1) (relating to suspension for refusal)
					 or
(4) suspended under section 1581
					 (relating to Driver's License Compact) for an offense substantially similar to
					 a violation of section 3802 or former section 3731-
shall, upon conviction, be guilty of a summary offense,
						and shall be sentenced to pay a fine of $500 and be imprisoned for a period of
						not less than 60 days nor more than 90 days.
In addition to the penalty above, any person who drives a
						motor vehicle on any highway or trafficway of the Commonwealth when their
						operating privilege is suspended or revoked for any of the reasons noted above,
						AND whose blood alcohol by weight is equal to or greater than 0.02% at the time
						of testing OR whose blood has any amount of a Schedule I or nonprescribed
						Schedule II or III controlled substance or its metabolite at the time of
						testing-
(1) for the first conviction
					 shall be guilty of a summary offense and shall be sentenced to pay a fine of
					 $1,000 and be imprisoned for a period of not less than 90 days.
(2) for a second conviction shall be guilty
					 of a misdemeanor of the third degree and shall be sentenced to pay a fine of
					 $2,500 and be imprisoned for a period of not less than six months.
(3) for a third or subsequent conviction
					 shall be guilty of a misdemeanor of the first degree and shall be sentenced to
					 pay a fine of $5,000 and be imprisoned for a period of not less than two years.
These provisions shall apply whether the person is
						currently serving a suspension, whether the effective date of the suspension or
						revocation has been deferred, or otherwise until the person has had his/her
						operating privilege restored. They shall also apply to a revocation under the
						habitual offenders provisions of section 1542 if any of the enumerated offenses
						was for a violation of section 3802 or former section 3731 or a substantially
						similar out of state offense under section 1581.
This signature verifies that I have read and understood
						the above and have been notified verbally of the consequences of violating
						Section 1543(b) of the Vehicle Code (75 Pa.C.S. §
													1543(b)).
____________
____________
(Signature) (Date)
This section cited in 67 Pa. Code §
													94.5 (relating to
						  curriculum).