Pennsylvania § 3816 - Requirements for driving under influence offenders.

§ 3816. Requirements for driving under influence offenders.

(a) Evaluation using Court Reporting Network.--In addition to any other requirements of the court, every person convicted of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and every person offered Accelerated Rehabilitative Disposition as a result of a charge of a violation of section 3802 shall, prior to sentencing or receiving Accelerated Rehabilitative Disposition or other preliminary disposition, be evaluated using Court Reporting Network instruments issued by the department and any other additional evaluation techniques deemed appropriate by the court to determine the extent of the person's involvement with alcohol or controlled substances and to assist the court in determining what sentencing, probation or conditions of Accelerated Rehabilitative Disposition would benefit the person or the public.

(b) Court-ordered intervention or treatment.--

(1) A record shall be submitted to the department as to whether the court did or did not order a defendant to attend drug and alcohol treatment pursuant to the requirements of sections 3804 (relating to penalties), 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing). If the court orders treatment, a report shall be forwarded to the department as to whether the defendant successfully completed the program.

(2) The court shall forward the report to the department within five days of the defendant successfully completing the program. The department has sole discretion to credit time toward the term of the ignition interlock requirement imposed under section 3805 (relating to ignition interlock) when the department receives a delayed report of completion for an individual.

(3) If a defendant fails to successfully complete a program of treatment as ordered by the court, the suspension shall remain in effect until the department is notified by the court that the defendant has successfully completed treatment and the defendant is otherwise eligible for restoration of his operating privilege. In order to implement the recordkeeping requirements of this section, the department and the court shall work together to exchange pertinent information about a defendant's case, including attendance and completion of treatment or failure to complete treatment.

(July 20, 2026, P.L.436, No.36, eff. 16 months)

2026 Amendment. Act 36 amended subsec. (b).

Cross References. Section 3816 is referred to in sections 1541, 3807, 3814 of this title.