Out-Of-State Conviction for a Blood Alcohol Content of 0.08%

In Hoenisch v. Department of Transportation, Bureau of Driver Licensing, 567 Pa. 89, 785 A.2d 969 (2001), our Supreme Court held that an out-of-state conviction for a blood alcohol content (BAC) of 0.08% properly triggered a suspension of a Pennsylvania license where, at the time, the per se definition of DUI in Pennsylvania was a BAC of 0.10%. Further, in Kulp v. Department of Transportation, Bureau of Driver Licensing, 795 A.2d 471 (Pa. Cmwlth. 2002), this Court held that N.J. Stat. 39:4-50(a) is substantially similar to Article IV(a)(2) of the Compact. In short, whether Licensee had been arrested and convicted in either Pennsylvania or New Jersey, the penalty was the same for offenses that took place prior to February 1, 2004: a one-year suspension of operating privileges. The Court has consistently held that DUI offenses that are committed in Compact-member states by Pennsylvania-licensed drivers prior to February 1, 2004, will lead to a one-year suspension pursuant to the savings provision in Section 21 of Act 2003-24, regardless of whether the conviction occurs prior or subsequent to February 1, 2004. See: Barnas v. Department of Transportation, Bureau of Driver Licensing, 874 A.2d 169 (Pa. Cmwlth. 2005); Tirado v. Department of Transportation, Bureau of Driver Licensing, 876 A.2d 1082 (Pa. Cmwlth. 2005); Woods v. Department of Transportation, Bureau of Driver Licensing, 873 A.2d 55 (Pa. Cmwlth. 2005); Lepko v. Department of Transportation, Bureau of Driver Licensing, 873 A.2d 47 (Pa. Cmwlth. 2005).