Under current law a repeat offender is able to escape higher fines of a second, third or subsequent DUI by refusing to submit to a blood alcohol test as provided in Section 1547. Existing law provides that the BAC (blood alcohol content) is to be equal to or greater than .02% if a person is to be cited with the higher fine of driving under the influence while operating privilege is suspended or revoked.

This measure will still allow for the refusal of the test but removes the .02 BAC criteria for repeat offenders. This will then allow the heightened penalties of driving under the influence while operating privilege is suspended or revoked.

The Allegheny County District Attorney’s Office requested a correction to the law in order to close a “loop hole” in Section 1543 of Title 75, Vehicle Code.

Since the provision requires a blood alcohol reading for the current DUI for which the defendant was arrested, a person convicted for his current DUI offense stemming from a refusal to submit to chemical testing cannot be subject to the higher penalties. Thus the individual who refuses to submit to testing may be subject to a summary offense instead of a first degree misdemeanor and a mandatory minimum sentence of two years in prison and a fine of $5,000.

When the rewrite of Pennsylvania’s DUI laws was being completed there was a .02% BAC used across the board in order that the various sections of the law were consistent. Zero tolerance is defined as .02% BAC based on individual bodily chemical reactions (mouthwash, cold medications, etc.). However, it has been defined as a hindrance in this particular section of law.