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Eck v. Commonwealth6/24/1998
_ (Pa. Cmwlth., No. 2734 C.D. 1997, filed March 30, 1998), is distinguishable. In Fisher we upheld a suspension under a New Hampshire statute that prohibited driving under the influence of intoxicating liquor or with a blood alcohol level of .08 percent. The New Hampshire statute was not one that punished any alcohol-related impairment.
We reject any comparison of the two DUI statutes under Article IV(c). Where the laws of the party state do not provide for offenses defined in precisely the terms used in subsection (a), Article IV provides that the "party state shall construe the [definitions] appearing in subdivision (a) of this article as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article." 75 Pa. C.S. §1581, Article IV (c) (emphasis added). This subsection provides that the party state shall construe the definitions as identifying offenses of a substantially similar nature; this subsection does not authorize the home state's licensing authority to identify out-of-state offenses that are substantially similar to home-state offenses. Furthermore, subsection (c) directs that the laws of the party state shall contain such provisions as necessary to ensure that the Compact is given full force and effect.
Accordingly, the order of the court of common pleas is affirmed.
JAMES GARDNER COLINS, President Judge
ORDER
AND NOW, this 24th day of June, 1998, the order of the Court of Common Pleas of Lehigh County in the above-captioned matter is affirmed.
JAMES GARDNER COLINS, President Judge
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