PRINTER'S NO. 1253
No. 1062 Session of 1989
INTRODUCED BY HELFRICK, JUBELIRER, PECORA, ROCKS, CORMAN,
PETERSON, LYNCH, BELAN, MADIGAN, ARMSTRONG, SHUMAKER,
SALVATORE, BAKER, PORTERFIELD AND STAPLETON, JUNE 19, 1989
REFERRED TO JUDICIARY, JUNE 19, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the suspension of license in relation
3 to driving under the influence.
4 (a) The General Assembly finds as follows:
5 (1) That the moving violations committed by drivers who
6 have consumed alcohol have contributed to a significant
7 number of traffic accidents which result in fatalities,
8 serious injuries and substantial property damage.
9 (2) That the elapsed time between the occurrence and the
10 disposition of the moving violations does not deter repeat
11 violations.
12 (3) That there continues to be an increase in alcohol-
13 related automobile accidents.
14 (b) It is the intent of this act to:
15 (1) Provide safety for all persons using the highways of
16 this Commonwealth by quickly suspending the driving privilege
17 of those persons who have shown themselves to be safety
18 hazards by driving with an excessive concentration of alcohol
1 or controlled substances in their blood or breath.
2 (2) Guard against the potential for any erroneous
3 deprivation of the driving privilege by providing an
4 opportunity for administrative review prior to the effective
5 date of the administrative suspension and an opportunity for
6 a full hearing as quickly as possible after the
7 administrative suspension becomes effective.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Chapter 15 of Title 75 is amended by adding a
11 subchapter to read:
12 CHAPTER 15
13 LICENSING OF DRIVERS
14 * * *
15 SUBCHAPTER D
16 DUI SUSPENSIONS
17 Sec.
18 1581. Definitions.
19 1582. Suspension on administrative determination.
20 1583. Report by law enforcement officers.
21 1584. Notice of suspension.
22 1585. Notice of suspension served by enforcement officer.
23 1586. Period of suspension.
24 1587. Restoration of license.
25 1588. Administrative review.
26 1589. Hearing.
27 § 1581. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Administrative review." A determination of license
2 suspension by the department based on the documents supplied by
3 the arresting officer and the arrested person.
4 § 1582. Suspension on administrative determination.
5 (a) General rule.--The department shall suspend the license
6 of any person upon its determination that the person drove or
7 was in actual physical control of a motor vehicle while the
8 amount of alcohol by weight in the blood of that person was
9 0.10% or more.
10 (b) Determination.--The department shall make an
11 administrative determination of these facts on the basis of the
12 report of a law enforcement officer required in section 1583
13 (relating to report by law enforcement officer), and this
14 determination shall be final unless an administrative review is
15 requested under section 1588 (relating to administrative review)
16 or a hearing is held under section 1589 (relating to hearing).
17 (c) Criminal charges.--The determination of these facts by
18 the department is independent of the determination of the same
19 or similar facts in the adjudication of any criminal charges
20 arising out of the same occurrence. The disposition of those
21 criminal charges shall not affect any administrative suspension
22 under this section.
23 § 1583. Report by law enforcement officers.
24 (a) Content.--A law enforcement officer who arrests any
25 person for a violation of section 3731 (relating to driving
26 under influence of alcohol or controlled substance) shall
27 immediately forward to the department a sworn report of all
28 information relevant to the enforcement action, including
29 information which adequately identifies the arrested person, a
30 statement of the officer's grounds for belief that the person
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1 violated section 3731, a report of the results of any chemical
2 tests which were conducted, a copy of the citation and complaint
3 filed with the court and the individual's operator's license.
4 (b) Forms.--The report required by this section shall be
5 made on forms supplied by the department or in a manner
6 specified by regulations of the department.
7 § 1584. Notice of suspension.
8 (a) Issuance.--Upon receipt of the report of the law
9 enforcement officer, the department shall make the determination
10 described in section 1582 (relating to suspension on
11 administrative determination). If the department determines that
12 the person is subject to license suspension and if notice of
13 suspension has not already been served upon the person by the
14 enforcement officer as required in section 1585 (relating to
15 notice of suspension served by enforcement officer), the
16 department shall issue a notice of suspension.
17 (b) Address and receipt of notice.--The notice of suspension
18 shall be mailed by the department to the person at the last
19 known address shown on the department's records, and to the
20 address provided by the enforcement officer's report if that
21 address differs from the address of record. The notice is deemed
22 received three days after mailing.
23 (c) Content.--
24 (1) The notice of suspension shall clearly specify the
25 reason and statutory grounds for the administrative
26 suspension, the effective date of the suspension, the right
27 of the person to request an administrative review and a
28 hearing, the procedure for requesting an administrative
29 review and a hearing, and the date by which a request for an
30 administrative review must be made in order to receive a
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1 determination prior to the effective date of the suspension.
2 (2) If the department determines that the person is not
3 subject to license suspension, the department shall notify
4 the person of its determination and shall rescind any order
5 of suspension served upon the person by the enforcement
6 officer.
7 § 1585. Notice of suspension served by enforcement officer.
8 (a) Personal service.--Whenever the chemical test results
9 for a person who is being charged with a violation of section
10 3731 (relating to driving under influence of alcohol or
11 controlled substance) show an alcohol concentration of 0.10% or
12 more, the officer, acting on behalf of the department, shall
13 serve the notice of suspension personally on the arrested
14 person.
15 (b) Possession of license.--
16 (1) When the law enforcement officer serves the notice
17 of suspension, the officer shall take possession of any
18 driver's license issued by the Commonwealth which is held by
19 the person. When the officer takes possession of a valid
20 driver's license issued by the Commonwealth, the officer,
21 acting on behalf of the department, shall issue a temporary
22 permit which is valid for 15 days after its date of issuance
23 and shall provide notice of an identification card made
24 available by the department.
25 (2) A copy of the completed notice of suspension form, a
26 copy of any completed temporary permit form and any driver's
27 license taken into possession under this section shall be
28 forwarded immediately to the department by the officer.
29 (c) Forms.--The department shall provide forms for notice of
30 suspension and identification cards and temporary permits to law
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1 enforcement agencies.
2 § 1586. Period of suspension.
3 (a) General rule.--The license suspension shall become
4 effective 15 days after the subject person has received the
5 notice of suspension as provided in section 1585 (relating to
6 notice of suspension served by enforcement officer) or is deemed
7 to have received the notice of suspension by mail as provided in
8 section 1584 (relating to notice of suspension).
9 (b) Period.--The period of license suspension under this
10 section shall be as follows:
11 (1) The period shall be three months if the person's
12 driving record shows no prior alcohol-related or drug-related
13 enforcement contacts during the immediately preceding five
14 years.
15 (2) The period shall be one year if the person's driving
16 record shows one or more prior alcohol-related or drug-
17 related enforcement contacts during the immediately preceding
18 five years.
19 (c) Concurrent suspensions.--Where a license is suspended
20 under this section and the person is also convicted on criminal
21 charges arising out of the same occurrence for a violation of
22 section 3731 (relating to driving under influence of alcohol or
23 controlled substance) or 3735 (relating to homicide by vehicle
24 while driving under influence), both the suspension under this
25 section and the revocation or suspension under section 1532
26 (relating to revocation or suspension of operating privilege)
27 shall be imposed, but the periods of revocation or suspension
28 shall run concurrently and the total period of suspension shall
29 not exceed the longer of the two revocation or suspension
30 periods.
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1 (d) Definition.--For purposes of this section, "alcohol-
2 related or drug-related enforcement contacts" shall include any
3 administrative suspension under this title, any suspension or
4 revocation entered in this or any other state for a refusal to
5 submit to chemical testing under an implied consent law and any
6 conviction in this or any other state for a violation which
7 involves driving a vehicle while having an unlawful alcohol
8 concentration, or while under the influence of alcohol or drugs
9 or alcohol and drugs.
10 § 1587. Restoration of license.
11 The periods of suspension specified by section 1586 (relating
12 to period of suspension) are intended to be minimum periods of
13 suspension for the described conduct. No license shall be
14 restored under any circumstances, and no restricted or hardship
15 permit shall be issued during the suspension period. No driving
16 privilege may be restored until all applicable reinstatement
17 fees have been paid.
18 § 1588. Administrative review.
19 (a) General rule.--Any person who has received a notice of
20 suspension under this subchapter may request an administrative
21 review. The request may be accompanied by a sworn statement or
22 statements and any other relevant evidence which the person
23 wants the department to consider in reviewing the determination
24 made pursuant to section 1582 (relating to suspension on
25 administrative determination).
26 (b) Evidence.--When a request for administrative review is
27 made, the department shall review the determination made
28 pursuant to section 1582. In the review, the department shall
29 give consideration to any relevant sworn statement or other
30 evidence accompanying the request for the review, and to the
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1 sworn statement of the law enforcement officer required by
2 section 1583 (relating to report by law enforcement officers).
3 If the department determines, by the preponderance of the
4 evidence, that the person drove or was in actual physical
5 control of a motor vehicle while the amount of alcohol by weight
6 in the blood of that person was 0.10% or more, the department
7 shall sustain the order of suspension. If the evidence does not
8 support such a determination, the department shall rescind the
9 order of suspension. The determination of the department upon
10 administrative review is final unless a hearing is requested
11 under section 1589 (relating to hearing).
12 (c) Time.--The department shall make a determination upon
13 administrative review prior to the effective date of the
14 suspension order if the request for the review is received by
15 the department within eight days following service of the notice
16 of suspension. Where the request for administrative review is
17 received by the department more than eight days following
18 service of the notice of suspension, the department shall make
19 its determination within seven days following the receipt of the
20 request for review.
21 (d) Effect of request.--A request for administrative review
22 shall not stay the license suspension. If the department is
23 unable to make a determination within the time limits specified
24 in subsection (c), it shall stay the suspension pending that
25 determination.
26 (e) Forms.--The request for administrative review may be
27 made by mail or in person at any office of the department. The
28 department shall provide forms which the person may use to
29 request an administrative review and to submit a sworn
30 statement, but use of the forms is not required.
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1 (f) Hearing.--A person may request and be granted a hearing
2 under section 1589 without first requesting administrative
3 review under this section. Administrative review is not
4 available after a hearing is held.
5 § 1589. Hearing.
6 (a) General rule.--Any person who has received a notice of
7 suspension may make a written request for a hearing. The request
8 may be made on a form available at each office of the
9 department. If the person's driver's license has not been
10 previously surrendered, it shall be surrendered at the time the
11 request for a hearing is made. A request for a hearing shall not
12 stay the license suspension.
13 (b) Notice.--The hearing shall be scheduled to be held as
14 quickly as practicable within 30 days of the filing of the
15 request for a hearing. The hearing shall be held at a place
16 designated by the department as close as practicable to the
17 place where the arrest occurred, unless the parties agree to a
18 different location. The department shall provide a written
19 notice of the time and place of the hearing to the party
20 requesting the hearing at least ten days prior to the scheduled
21 hearing, unless the parties agree to waive this requirement.
22 (c) Hearing officer.--The hearing officer shall be
23 designated by the secretary. The hearing officer shall have
24 authority to administer oaths and affirmations; to examine
25 witnesses and take testimony; to receive relevant evidence; to
26 issue subpoenas, take depositions, or cause depositions or
27 interrogatories to be taken; to regulate the course and conduct
28 of the hearing; and to make a final ruling on the issue.
29 (d) Evidence.--The sole issue at the hearing shall be
30 whether by a preponderance of the evidence the person drove or
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1 was in actual physical control of a motor vehicle while the
2 amount of alcohol by weight in the blood of that person was
3 0.10% or more. If the hearing officer finds the affirmative of
4 this issue, the suspension order shall be sustained. If the
5 hearing officer finds the negative of the issue, the suspension
6 order shall be rescinded.
7 (e) Decision.--The hearing shall be recorded. The decision
8 of the hearing officer shall be rendered in writing, and a copy
9 will be provided to the person who requested the hearing.
10 (f) Failure to appear.--If the person who requested the
11 hearing fails to appear without just cause, the right to a
12 hearing shall be waived, and the department's determination
13 shall be final.
14 (g) Appeals.--An appeal from a decision of a hearing officer
15 may be taken in the manner provided in Title 2 (relating to
16 administrative law and procedure). Notwithstanding section
17 1550(b) (relating to judicial review), no appeal under this
18 section shall act as a supersedeas.
19 Section 2. This act shall take effect in 90 days.
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