| § 3802. Driving under influence of alcohol
or controlled substance as of 6/16/05
(a) GENERAL IMPAIRMENT.--
(1) An individual may not drive, operate or be in actual physical
control of the movement of a vehicle after imbibing a sufficient
amount
of alcohol such that the individual is rendered incapable of safely
driving, operating or being in actual physical control of the
movement
of the vehicle.
(2) An individual may not drive, operate or be in actual physical
control of the movement of a vehicle after imbibing a sufficient
amount
of alcohol such that the alcohol concentration in the individual's
blood or breath is at least 0.08% but less than 0.10% within two
hours
after the individual has driven, operated or been in actual physical
control of the movement of the vehicle.
(b) HIGH RATE OF ALCOHOL.-- An individual may not drive, operate
or be in actual physical control of the movement of a vehicle
after imbibing a sufficient amount of alcohol such that the alcohol
concentration in the individual's blood or breath is at least
0.10% but less than 0.16% within two hours after the individual
has driven, operated or been in actual physical control of the
movement of the vehicle.
(c) HIGHEST RATE OF ALCOHOL.-- An individual may not drive, operate
or be in actual physical control of the movement of a vehicle
after imbibing a sufficient amount of alcohol such that the alcohol
concentration in the individual's blood or breath is 0.16% or
higher within two hours after the individual has driven, operated
or been in actual physical control of the movement of the vehicle.
(d) CONTROLLED SUBSTANCES.-- An individual may not drive, operate
or be in actual physical control of the movement of a vehicle
under any of the following circumstances:
(1) There is in the individual's blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of
April
14, 1972 (P.L. 233, No. 64), known as The Controlled Substance,
Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined
in
The Controlled Substance, Drug, Device and Cosmetic Act, which
has
not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination
of
drugs to a degree which impairs the individual's ability to safely
drive, operate or be in actual physical control of the movement
of the
vehicle.
(3) The individual is under the combined influence of alcohol
and a
drug or combination of drugs to a degree which impairs the individual's
ability to safely drive, operate or be in actual physical control
of
the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious
substance in violation of 18 Pa.C.S. § 7303 (relating to
sale or
illegal use of certain solvents and noxious substances).
(e) MINORS.-- A minor may not drive, operate or be in actual physical
control of the movement of a vehicle after imbibing a sufficient
amount of alcohol such that the alcohol concentration in the minor's
blood or breath is 0.02% or higher within two hours after the
minor has driven, operated or been in actual physical control
of the movement of the vehicle.
(f) COMMERCIAL OR SCHOOL VEHICLES.-- An individual may not drive,
operate or be in actual physical control of the movement of a
commercial vehicle, school bus or school vehicle in any of the
following circumstances:
(1) After the individual has imbibed a sufficient amount of alcohol
such that the alcohol concentration in the individual's blood
or breath
is:
(i) 0.04% or greater within two hours after the individual has
driven, operated or been in actual physical control of the movement
of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has
driven, operated or been in actual physical control of the movement
of a school bus or a school vehicle.
(2) After the individual has imbibed a sufficient amount of alcohol
such that the individual is rendered incapable of safely driving,
operating or being in actual physical control of the movement
of the
vehicle.
(3) While the individual is under the influence of a controlled
substance or combination of controlled substances, as defined
in
section 1603 (relating to definitions).
(4) While the individual is under the combined influence of alcohol
and
a controlled substance or combination of controlled substances,
as
defined in section 1603.
(g) EXCEPTION TO TWO-HOUR RULE.-- Notwithstanding the provisions
of subsection (a), (b), (c), (e) or (f), where alcohol or controlled
substance concentration in an individual's blood or breath is
an element of the offense, evidence of such alcohol or controlled
substance concentration more than two hours after the individual
has driven, operated or been in actual physical control of the
movement of the vehicle is sufficient to establish that element
of the offense under the following circumstances:
(1) where the Commonwealth shows good cause explaining why the
chemical
test could not be performed within two hours; and
(2) where the Commonwealth establishes that the individual did
not
imbibe any alcohol or utilize a controlled substance between the
time
the individual was arrested and the time the sample was obtained.
---------------
§ 3804. Penalties
(a) GENERAL IMPAIRMENT.-- Except as set forth in subsection (b)
or (c), an individual who violates section 3802(a) (relating to
driving under influence of alcohol or controlled substance) shall
be sentenced as follows:
(1) For a first offense, to:
(i) undergo a mandatory minimum term of six months' probation;
(ii) pay a fine of $ 300;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 (relating to drug and alcohol assessments)
and
3815 (relating to mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five days;
(ii) pay a fine of not less than $ 300 nor more than $ 2,500;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $ 500 nor more than $ 5,000;
and
(iii) comply with all drug and alcohol treatment requirements
imposed
under sections 3814 and 3815.
(b) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES AND
SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.-- Except as set forth
in subsection (c), an individual who violates section 3802(a)(1)
where there was an accident resulting in bodily injury, serious
bodily injury or death of any person or damage to a vehicle or
other property or who violates section 3802(b), (e) or (f) shall
be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 48 consecutive hours;
(ii) pay a fine of not less than $ 500 nor more than $ 5,000;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days;
(ii) pay a fine of not less than $ 750 nor more than $ 5,000;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $ 1,500 nor more than $ 10,000;
and
(iii) comply with all drug and alcohol treatment requirements
imposed
under sections 3814 and 3815.
(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $ 1,500 nor more than $ 10,000;
and
(iii) comply with all drug and alcohol treatment requirements
imposed
under sections 3814 and 3815.
(c) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED SUBSTANCES.--
An individual who violates section 3802(a)(1) and refused testing
of blood or breath or an individual who violates section 3802(c)
or (d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72 consecutive hours;
(ii) pay a fine of not less than $ 1,000 nor more than $ 5,000;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $ 1,500;
(iii) attend an alcohol highway safety school approved by the
department; and
(iv) comply with all drug and alcohol treatment requirements imposed
under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $ 2,500; and
(iii) comply with all drug and alcohol treatment requirements
imposed
under sections 3814 and 3815.
(d) EXTENDED SUPERVISION OF COURT.-- If a person is sentenced
pursuant to this chapter and, after the initial assessment required
by section 3814(1), the person is determined to be in need of
additional treatment pursuant to section 3814(2), the judge shall
impose a minimum sentence as provided by law and a maximum sentence
equal to the statutorily available maximum. A sentence to the
statutorily available maximum imposed pursuant to this subsection
may, in the discretion of the sentencing court, be ordered to
be served in a county prison, notwithstanding the provisions of
42 Pa.C.S. § 9762 (relating to sentencing proceeding; place
of confinement).
(e) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
(1) The department shall suspend the operating privilege of an
individual under paragraph (2) upon receiving a certified record
of the
individual's conviction of or an adjudication of delinquency for:
(i) an offense under section 3802; or
(ii) an offense which is substantially similar to an offense
enumerated in section 3802 reported to the department under Article
III of the compact in section 1581 (relating to Driver's License
Compact).
(2) Suspension under paragraph (1) shall be in accordance with
the
following:
(i) Except as provided for in subparagraph (iii), 12 months for
an
ungraded misdemeanor or misdemeanor of the second degree under
this
chapter.
(ii) 18 months for a misdemeanor of the first degree under this
chapter.
(iii) There shall be no suspension for an ungraded misdemeanor
under
section 3802(a) where the person is subject to the penalties provided
in subsection (a) and the person has no prior offense.
(iv) For suspensions imposed under paragraph (1)(ii), notwithstanding
any provision of law or enforcement agreement to the contrary,
all of
the following apply:
(A) Suspensions shall be in accordance with Subchapter D of Chapter
15 (relating to the Driver's License Compact).
(B) In calculating the term of a suspension for an offense that
is
substantially similar to an offense enumerated in section 3802,
the
department shall presume that if the conduct reported had occurred
in this Commonwealth then the person would have been convicted
under section 3802(a)(2).
(v) Notwithstanding any other provision of law or enforcement
agreement to the contrary, the department shall suspend the operating
privilege of a driver for six months upon receiving a certified
record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating
to juvenile matters) based on section 3802.
(f) COMMUNITY SERVICE ASSIGNMENTS.-- In addition to the penalties
set forth in this section, the sentencing judge may impose up
to 150 hours of community service. Where the individual has been
ordered to drug and alcohol treatment pursuant to sections 3814
and 3815, the community service shall be certified by the drug
and alcohol treatment program as consistent with any drug and
alcohol treatment requirements imposed under sections 3814 and
3815.
(g) SENTENCING GUIDELINES.-- The sentencing guidelines promulgated
by the Pennsylvania Commission on Sentencing shall not supersede
the mandatory penalties of this section.
(h) APPEAL.-- The Commonwealth has the right to appeal directly
to the Superior Court any order of court which imposes a sentence
for violation of this section which does not meet the requirements
of this section. The Superior Court shall remand the case to the
sentencing court for imposition of a sentence in accordance with
the provisions of this section.
(i) FIRST CLASS CITIES.-- Notwithstanding the provision for direct
appeal to the Superior Court, if, in a city of the first class,
a person appeals from a judgment of sentence under this section
from the municipal court to the common pleas court for a trial
de novo, the Commonwealth shall have the right to appeal directly
to the Superior Court from the order of the common pleas court
if the sentence imposed is in violation of this section. If, in
a city of the first class, a person appeals to the court of common
pleas after conviction of a violation of this section in the municipal
court and thereafter withdraws his appeal to the common pleas
court, thereby reinstating the judgment of sentence of the municipal
court, the Commonwealth shall have 30 days from the date of the
withdrawal to appeal to the Superior Court if the sentence is
in violation of this section.
(j) ADDITIONAL CONDITIONS.-- In addition to any other penalty
imposed under law, the court may sentence a person who violates
section 3802 to any other requirement or condition consistent
with the treatment needs of the person, the restoration of the
victim to preoffense status or the protection of the public.
(k) NONAPPLICABILITY.-- Except for subsection (e), this section
shall not apply to dispositions resulting from proceedings under
42 Pa.C.S. Ch. 63 (relating to juvenile matters).
---------
§ 3805. Ignition interlock
The text of Subsection (a) is effective until June 30, 2007.
(a) GENERAL RULE.-- If a person violates section 3802 (relating
to driving under influence of alcohol or controlled substance)
and has a prior offense as defined in section 3806(a) (relating
to prior offenses) or if a person has had their operating privileges
suspended pursuant to section 1547(b.1) (relating to chemical
testing to determine amount of alcohol or controlled substance)
or 3808(c) (relating to illegally operating a motor vehicle not
equipped with ignition interlock) and the person seeks a restoration
of operating privileges, the department shall require as a condition
of issuing a restricted license pursuant to this section that
the following occur:
(1) Each motor vehicle owned by the person or registered to the
person
has been equipped with an ignition interlock system and remains
so for
the duration of the restricted license period.
(2) If there are no motor vehicles owned by the person or registered
to
the person that the person so certify to the department. A person
so
certifying shall be deemed to have satisfied the requirement that
all
motor vehicles owned by the person or registered to the person
be
equipped with an ignition interlock system as required by this
subsection.
The text of Subsection (a) is effective June 30, 2007.
(a) GENERAL RULE.-- If a person violates section 3802 (relating
to driving under influence of alcohol or controlled substance)
and, within the past ten years, has a prior offense as defined
in section 3806(a) (relating to prior offenses) or has had their
operating privileges suspended pursuant to section 1547(b.1) (relating
to chemical testing to determine amount of alcohol or controlled
substance) or 3808(c) (relating to illegally operating a motor
vehicle not equipped with ignition interlock) and the person seeks
a restoration of operating privileges, the department shall require
as a condition of issuing a restricted license pursuant to this
section that the following occur:
(1) Each motor vehicle owned by the person or registered to the
person
has been equipped with an ignition interlock system and remains
so for
the duration of the restricted license period.
(2) If there are no motor vehicles owned by the person or registered
to
the person that the person so certify to the department. A person
so
certifying shall be deemed to have satisfied the requirement that
all
motor vehicles owned by the person or registered to the person
be
equipped with an ignition interlock system as required by this
subsection.
(b) APPLICATION FOR A RESTRICTED LICENSE.-- A person subject to
this section shall apply to the department for an ignition interlock
restricted license under section 1951 (relating to driver's license
and learner's permit), which shall be clearly marked to restrict
the person to only driving, operating or being in actual physical
control of the movement of motor vehicles equipped with an ignition
interlock system. Upon issuance of an ignition interlock restricted
license to any person, the department shall notify the person
that until the person obtains an unrestricted license the person
may not own, register, drive, operate or be in actual physical
control of the movement of any motor vehicle which is not equipped
with an ignition interlock system.
(c) ISSUANCE OF UNRESTRICTED LICENSE.-- One year from the date
of issuance of an ignition interlock restricted license under
this section, if otherwise eligible, a person may be issued a
replacement license under section 1951(d) that does not contain
the ignition interlock system restriction.
(d) PROHIBITION.-- Except as set forth in subsections (e) and
(f), until the person obtains an unrestricted license, the person
may not own, register, drive, operate or be in actual physical
control of the movement of any motor vehicle within this Commonwealth
unless the motor vehicle is equipped with an ignition interlock
system.
(e) ECONOMIC HARDSHIP EXEMPTION.-- A person subject to the requirements
of subsection (a) may apply to the department for a hardship exemption
to the requirement that an ignition interlock system must be installed
in each of the person's motor vehicles. Where the department determines
that the applicant establishes that such a requirement would result
in undue financial hardship, the department may permit the applicant
to install an ignition interlock system on only one of the applicant's
motor vehicles. However, the applicant in accordance with section
3808 (relating to illegally operating a motor vehicle not equipped
with ignition interlock) shall be prohibited from driving, operating
or being in actual physical control of the movement of any motor
vehicle, including any of the applicant's motor vehicles, which
is not equipped with an ignition interlock system.
(f) EMPLOYMENT EXEMPTION.-- If a person with a restricted license
is required in the course and scope of employment to drive, operate
or be in actual physical control of the movement of a motor vehicle
owned by the person's employer, the following apply:
(1) Except as set forth in paragraph (2), the person may drive,
operate
or be in actual physical control of the movement of that motor
vehicle
in the course and scope of employment without installation of
an
ignition interlock system if:
(i) the employer has been notified that the employee is restricted;
and
(ii) the employee has proof of the notification in the employee's
possession while driving, operating or being in actual physical
control of the movement of the employer's motor vehicle. Proof
of
the notification may be established only by the notarized signature
of the employer acknowledging notification on a form which shall
be
provided by the department for this purpose and shall include
a
contact telephone number of the employer.
(2) Paragraph (1) does not apply in any of the following circumstances:
(i) To the extent that an employer-owned motor vehicle is made
available to the employee for personal use.
(ii) If the employer-owned motor vehicle is owned by an entity
which
is wholly or partially owned by the person subject to this section.
(iii) If the employer-owned motor vehicle is a school bus; a school
vehicle; or a vehicle designed to transport more than 15 passengers,
including the driver.
(g) PROHIBITION OF AUTHORIZATION.-- This section shall not give
the department authorization to impose an ignition interlock requirement
on a person that has committed an offense under former section
3731 prior to October 1, 2003, without the issuance of a court
order.
(h) DEPARTMENT APPROVAL.-- An ignition interlock system required
to be installed under this title must be a system which has been
approved by the department. The department's approval of ignition
interlock systems shall be published in the Pennsylvania Bulletin.
Systems approved for use under former 42 Pa.C.S. § 7002(d)
(relating to ignition interlock systems for driving under the
influence) and any contracts for the installation, maintenance
and inspection of the systems in effect as of the effective date
of this section shall continue to be approved and in effect until
the department again publishes approval of ignition interlock
systems in the Pennsylvania Bulletin and enters into new contracts
in support of the systems.
(i) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN IGNITION INTERLOCK
RESTRICTED LICENSE HAS BEEN ISSUED.-- Except as provided in sections
1547(b.1) and 3808(c) (relating to illegally operating a motor
vehicle not equipped with ignition interlock), any driver who
has been issued an ignition interlock restricted license and as
to whom the department receives a certified record of a conviction
of an offense for which the penalty is a cancellation, disqualification,
recall, suspension or revocation of operating privileges shall
have the ignition interlock restricted license recalled, and the
driver shall surrender the ignition interlock restricted license
to the department or its agents designated under the authority
of section 1540 (relating to surrender of license). Following
the completion of the cancellation, disqualification, recall,
suspension or revocation which resulted in the recall of the ignition
interlock restricted license, the department shall require that
the person complete the balance of the ignition interlock restricted
license period previously imposed prior to the issuance of a replacement
license under section 1951(d) that does not contain an ignition
interlock restriction.
------
§ 3807. Accelerated Rehabilitative Disposition
(a) ELIGIBILITY.--
(1) Except as set forth in paragraph (2), a defendant charged
with a
violation of section 3802 (relating to driving under influence
of
alcohol or controlled substance) may be considered by the attorney
for
the Commonwealth for participation in an Accelerated Rehabilitative
Disposition program in a county if the program includes the minimum
requirements contained in this section.
(2) The attorney for the Commonwealth shall not submit a charge
brought
under this chapter for Accelerated Rehabilitative Disposition
if any of
the following apply:
(i) The defendant has been found guilty of or accepted Accelerated
Rehabilitative Disposition of a charge brought under section 3802
within ten years of the date of the current offense unless the
charge
was for an ungraded misdemeanor under section 3802(a)(2) and was
the
defendant's first offense under section 3802.
(ii) An accident occurred in connection with the events surrounding
the current offense and an individual other than the defendant
was
killed or suffered serious bodily injury as a result of the accident.
(iii) There was a passenger under 14 years of age in the motor
vehicle the defendant was operating.
(b) EVALUATION AND TREATMENT.--
(1) A defendant offered Accelerated Rehabilitative Disposition
for a
violation of section 3802 is, as a condition of participation
in the
program, subject to the following requirements in addition to
any other
conditions of participation imposed by the court:
(i) The defendant must attend and successfully complete an alcohol
highway safety school established under section 1549 (relating
to
establishment of schools). A participating defendant shall be
given
both oral and written notice of the provisions of section 1543(b)
(relating to driving while operating privilege is suspended or
revoked).
(ii) Prior to receiving Accelerated Rehabilitative Disposition
or
other preliminary disposition, the defendant must be evaluated
under
section 3816(a) (relating to requirements for driving under influence
offenders) to determine the extent of the defendant's involvement
with alcohol or other drug and to assist the court in determining
what conditions of Accelerated Rehabilitative Disposition would
benefit the defendant and the public. If the evaluation indicates
there is a need for counseling or treatment, the defendant shall
be
subject to a full assessment for alcohol and drug addiction in
accordance with the provisions of section 3814(3) and (4) (relating
to drug and alcohol assessments).
(iii) If the defendant is assessed under subparagraph (ii) to
be in
need of treatment, the defendant must participate and cooperate
with
a licensed alcohol or drug addiction treatment program. The level
and duration of treatment shall be in accordance with the
recommendations of the full assessment. Nothing in this subparagraph
shall prevent a treatment program from refusing to accept a defendant
if the program administrator deems the defendant to be inappropriate
for admission to the program. A treatment program shall retain
the
right to immediately discharge into the custody of the probation
officer an offender who fails to comply with program rules and
treatment expectations or refuses to constructively engage in
the
treatment process.
(iv) The defendant must remain subject to court supervision for
at
least six months, but not more than 12 months.
(v) The defendant must make restitution to any person that incurred
determinable financial loss as a result of the defendant's actions
which resulted in the offense. Restitution must be subject to
court
supervision.
(vi) The defendant must pay the reasonable costs of a municipal
corporation in connection with the offense. Fees imposed under
this
subparagraph shall be distributed to the affected municipal
corporation.
(vii) The defendant must pay any other fee, surcharge or cost
required by law. Except as set forth in subparagraph (vi) or (viii),
a fee or financial condition imposed by a judge as a condition
of
Accelerated Rehabilitative Disposition or any other preliminary
disposition of any charge under this chapter shall be distributed
as
provided for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth
portion
of fines, etc.) and 3573 (relating to municipal corporation portion
of fines, etc.).
(viii) The defendant must pay the costs of compliance with
subparagraphs (i), (ii) and (iii).
(2) The defendant shall be subject to a full assessment for alcohol
and
drug addiction if any of the following apply:
(i) The evaluation under paragraph (1)(ii) indicates a likelihood
that the defendant is addicted to alcohol or other drugs.
(ii) The defendant's blood alcohol content at the time of the
offense
was at least 0.16%.
(3) The assessment under paragraph (2) shall be conducted by one
of the
following:
(i) The Department of Health or its designee.
(ii) The county agency with responsibility for county drug and
alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed by the Department
of Health for the conduct of drug and alcohol addiction treatment
programs.
(4) The assessment under paragraph (2) shall consider issues of
public
safety and shall include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.
(c) INSURANCE.--
(1) This subsection shall only apply to a health insurance, health
maintenance organization or other health plan required to provide
benefits under section 602-A of the act of May 17, 1921 (P.L.
682, No.
284) , known as The Insurance Company Law of 1921.
(2) If an individual who is insured by a health insurance, a health
maintenance organization or other health plan, that is doing business
in this Commonwealth, the individual may not be deprived of alcohol
and
other drug abuse and addiction treatment or coverage within the
scope
of that plan due to the identification of an alcohol or other
drug
problem which occurs as a result of an assessment under this section.
(d) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.-- As a condition
of participation in an Accelerated Rehabilitative Disposition
program, the court shall order the defendant's license suspended
as follows:
(1) There shall be no license suspension if the defendant's blood
alcohol concentration at the time of testing was less than 0.10%.
(2) For 30 days if the defendant's blood alcohol concentration
at the
time of testing was at least 0.10% but less than 0.16%.
(3) For 60 days if:
(i) the defendant's blood alcohol concentration at the time of
testing was 0.16% or higher;
(ii) the defendant's blood alcohol concentration is not known;
(iii) an accident which resulted in bodily injury or in damage
to a
vehicle or other property occurred in connection with the events
surrounding the current offense; or
(iv) the defendant was charged pursuant to section 3802(d).
(4) For 90 days if the defendant was a minor at the time of the
offense.
(e) FAILURE TO COMPLY.--
(1) A defendant who fails to complete any of the conditions of
participation contained in this section shall be deemed to have
unsuccessfully participated in an Accelerated Rehabilitative
Disposition program, and the criminal record underlying participation
in the program shall not be expunged.
(2) The court shall direct the attorney for the Commonwealth to
proceed
on the charges as prescribed in the Rules of Criminal Procedure
if the
defendant:
(i) fails to meet any of the requirements of this section;
(ii) is charged with or commits an offense under 18 Pa.C.S. (relating
to crimes and offenses); or
(iii) violates any other condition imposed by the court.
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