Hoenisch v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 567 Pa. 89

Summary

The Supreme Court of Pennsylvania held that a North Carolina impaired-driving conviction based on a .08 percent blood-alcohol concentration was substantially similar to the offense described in the Driver's License Compact and therefore supported a reciprocal Pennsylvania driver's-license suspension. The court affirmed the Commonwealth Court, while three justices dissented on the ground that the North Carolina per se offense did not involve conduct substantially similar to Pennsylvania's punishable conduct.

Holdings

1. A North Carolina impaired-driving conviction established under the .08 percent per se provision is substantially similar in nature to the Compact's offense of driving under the influence of intoxicating liquor to a degree rendering the driver incapable of safely driving.
2. PennDOT properly imposed the reciprocal one-year suspension because the North Carolina conviction qualified under the Driver's License Compact.

Questions Presented

1. Whether a North Carolina impaired-driving conviction based on a .08 percent blood-alcohol concentration is substantially similar to the offense described in Article IV(a)(2) of the Driver's License Compact.
2. Whether PennDOT could impose a reciprocal Pennsylvania driver's-license suspension based on that conviction even though Pennsylvania's per se DUI threshold was .10 percent.

Disposition

affirmed