School Vehicle DUI, School Bus DUI in PA

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Drinking and driving is a serious charge. DUI in PA is no joke regardless of who is charged with it. But when the person charged is a school bus driver or in a school vehicle, the charge is even more serious. Here we give you some information on School Vehicle, School Bus DUI in PA. This will answer questions such as

  • Technically, under PA law what is a school bus? What is a school vehicle?
  • What is the legal limit for School Bus DUI or School Vehicle DUI in PA? What about drugged driving charges for School Bus DUI or School Vehicle DUI in PA?
  • What are the drug and alcohol tests like for School Bus DUI or school vehicle DUI?
  • What sorts of maximum punishments and penalties do I face if I am charged with a School Bus DUI or a School Vehicle DUI? What types of charges should I expect?
  • What about my Passenger Endorsement (P) or School Bus Endorsement (S) when it comes to a DUI in a school vehicle?
  • Do I lose my CDL for a School Bus DUI or school vehicle DUI? What about my Pennsylvania Commercial Learner’s Permit and a charge of School Bus DUI or school vehicle DUI?

 

School-Vehicle-DUI-School-Bus-DUI-in-PA

The definition of School Bus and School Vehicle in PA

We can find the definition of both a “school bus” and a “school vehicle” in  75 Pa.C.S. § 102. It reads:

“School bus.” A motor vehicle which:

(1) is designed to carry 11 passengers or more, including the driver; and

(2) is used for the transportation of preprimary, primary or secondary school students to or from public, private or parochial schools or events related to such schools or school-related activities.

The term does not include a motor vehicle used to transport preprimary, primary or secondary school students to or from public, private or parochial schools or events related to such schools or school-related activities, which is designed to carry 11 to 15 passengers, including the driver, and which is registered in this Commonwealth as a bus prior to March 1, 1993, or a motor vehicle which is designed to carry 11 to 15 passengers, including the driver, and which was titled to any public, private or parochial school on or before March 1, 1993, and which is registered to that public, private or parochial school in this Commonwealth as a bus prior to September 15, 1993.

 .

“School vehicle.” A motor vehicle, except a motorcycle, designed for carrying no more than ten passengers, including the driver, and used for the transportation of preprimary, primary or secondary school students while registered by or under contract to a school district or private or parochial school. The term includes vehicles having chartered, group and party rights under the Pennsylvania Public Utility Commission and used for the transportation of school children.

Some superintendents or other executives such as coaches in a school district sometimes negotiate as part of their contract that the school district must lease them a vehicle. It depends on how that person uses the car to determine if the school vehicle definition will apply to the DUI.

The two major types of School Bus DUI or School Vehicle DUI in PA

Ethanol (alcohol) DUI and Driving Under the Influence of Drugs (DUID)

School Vehicle DUI, School Bus DUI in PA compared to non-commercial personal vehicle DUI in PA for Alcohol

For DUI in a non-commercial vehicle, the BAC (blood-alcohol content) level required for arrest is 0.08, as outlined by § 3802 of Pennsylvania’s vehicle code. This number lowers to a 0.04 when the driver is a commercial driver’s license (or CDL) holder, like a truck driver. For a school bus driver or someone in a school vehicle, a DUI occurs at an even lower level, at a 0.02.

The strict low numbers here are because of Pennsylvania’s strong public policy of ensuring the safety of children as they are being transported to and from school. Parents want to be able to trust that the drivers who hold the safety of their children in their hands will be sober when doing so. They also want a recourse in case these drivers are not being responsible. A drunk school bus driver puts their children in danger. Legislators are attuned to that fact and made the law with that in mind.

School Vehicle DUI, School Bus DUI in PA compared to non-commercial personal vehicle DUI in PA for Drugs

In Pennsylvania, a driver can be charged for either being under the influence of a drug (such as an OTC, a prescribed drug or any illicit street drug) or for having a Schedule I or Schedule II drug or its metabolite in his or her system while driving. So, yes, even a doctor prescribed drug can bring you trouble. There are no enhancements for School Bus DUID or School Vehicle DUID as DUID charges are already at the highest tier or level of consequence in PA. To read more about DUID, please read this: Pennsylvania DUI Drugs or DUI-D Laws

Medical Marijuana and School Vehicle DUI, School Bus DUI in PA

Pennsylvania has a medical marijuana program. However, our state’s DUI laws have not caught up to this. As such, if you are following your doctor’s orders and the law in using medical marijuana, you cannot legally drive any vehicle while you have THC or any of its metabolites detectable in your blood. This is because marijuana is a schedule I drug both federally and by the state of PA. Our PA DUID laws make it illegal for anyone to drive any vehicle while having any THC or its metabolites in your blood even with a PA medical marijuana license.

Additional charges

Experience has taught us that when the police charge someone with a school bus DUI or a school vehicle DUI in PA, they come down very very hard. In addition to denying the person charged the benefit of Pennsylvania’s first time DUI Program (ARD). They can and do charge you with one count of Recklessly Endangering Another Person and Endangering the Welfare of Children for every student in the vehicle. If there is an accident when someone is seriously hurt, you could face either Aggravated Assault by Vehicle or Aggravated Assault by Vehicle while DUI. If someone dies, you could be facing Homicide by Vehicle or Homicide by Vehicle while DUI charges.

Remember when you applied to get your Passenger Endorsement (P) or School Bus Endorsement (S), you had the meet the following requirements:

  • Have a clean criminal history record as evidenced by Pennsylvania State Police criminal history check .
  • Have a clean child abuse history record;
  • Complete FBI clearance checks (fingerprinting);
  • Have no record of motor vehicle crashes or traffic violations determined to be excessive in number by your employer; and,
  • Be drug-and alcohol-free when driving, and you must not consume any alcoholic beverages within eight (8) hours prior to operating a school bus and never consume illegal substances.

Drug testing for School Vehicle DUI, School Bus DUI in PA

There are federal and local regulations when it comes to testing school bus drivers or school vehicle drivers for drugs and alcohol. The federal regulations require a five panel testing for the following classes of controlled substances:

  • marijuana,
  • cocaine,
  • opiates,
  • amphetamines, and
  • phencyclidine (PCP).

Drug testing is accomplished by a urine sample while alcohol testing is accomplished by breath analysis or other screening test approved by NHTSA.

So again, as we note above PA Medical Marijuana is a no no for school bus or school vehicle operators. your local drug testing may be more but cannot be less than this federal standard.

When can I be tested for School Vehicle DUI, School Bus DUI in PA

As a school bus driver or school vehicle driver, the law and state and federal regulations make you subject to all sorts of drug and alcohol testing. 

  • Random Testing: CDL drivers are subject to unannounced random drug and alcohol testing throughout the year . Random alcohol testing must be conducted just before, during or just after a driver’s performance of safety sensitive duties. Once notified of a random test, drivers must immediately report to the designated testing location .
  • Reasonable Suspicion: Testing is done when a trained supervisor observes specific, contemporaneous, articulable objective facts indicating current drug or alcohol use.
  • Return to Duty: After a positive drug and/or alcohol test or refusing to take a test, the employee/ applicant shall be referred to a Substance Abuse Professional (SAP). Following the initial assessment, the SAP will recommend a treatment unique to that individual. If your employer does not have a “Zero Tolerance Policy” and allows an employee to return to duty following a positive test and subsequent evaluation and treatment, the SAP will recommend a return-to-duty test when the employee has successfully completed treatment and is no longer a concern to safety.
  • Follow-Up Testing: After completing a return to duty test, follow-up testing will be performed for a period of one to five years with a minimum of six unannounced tests conducted during the first year. The number and frequency of tests beyond the minimums is set by the SAP based on his/her evaluation of the employee . Follow-up testing is separate and in addition to any other testing.
  • Post-Accident Testing: This federally-mandated testing is required for any crash involving:
    • A fatality; or
    • Bodily injury requiring immediate medical treatment away from the scene AND the employee/driver has been issued a citation; or
    • Vehicle damage sufficient to require any of the involved vehicles to be towed AND the employee/driver has been issued a citation. Note: Pennsylvania state law (Section 3756 of Title 75) requires testing after any reportable crash in a school bus.

License to drive

Whenever a driving professional is charged with a DUI, the consequences go way up. A vanilla no accident DUI in one’s personal vehicle while off duty, can end your school bus or school vehicle driving career. Please read these pages for information on how or why that happens: DUI with a CDL  and CDL holders charged with a DUI in a non-commercial vehicle.

In addition to any criminal penalties like fines and probation, a person convicted of a School Bus DUI will lose his or her CDL (it’s called being disqualified), and thus, his or her professional driving livelihood. Under § 1611 of the vehicle code, a person’s CDL will be disqualified for a year following a first offense DUI. Two or more DUI violations will disqualify a person for life from holding a CDL. This is obviously very serious, so if you are charged with DUI while operating a school bus, you need to act now to get a lawyer who will be able to help you not only prevent criminal sanctions against you, but also prevent you from losing your professional driving career.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.