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Notice of 1543(b)

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 traffic way of this Commonwealth at a time when their operating privilege is suspended or revoked either–

• as a condition of acceptance of Accelerated Rehabilitative Disposition,
• for a violation of Section 3802 or the former section 3731 (relating to driving under the influence of alcohol or controlled substance),
• because of a violation of section 1547(b)(1) (relating to suspension for refusal) or
• 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, a first 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.
• a second conviction, be guilty of a summary offense, and shall pay a fine of $1,000 and be imprisoned for a period of not less than 90 days.
• a third or subsequent conviction, be guilty of a misdemeanor of the third degree, and shall pay a fine of $2,500 and be imprisoned for a period of not less than 6 months.

In addition to the penalty above, any person who drives a motor vehicle on any highway or traffic way 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–

• 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.
• 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.
• 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 offender’s 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.