DISSENTING OPINION BY
Judge PELLEGRINI.The majority, in its penultimate paragraph, holds that because Section 3804(e)(2)(iii) is not among the listed provisions that effect all driving under the influence offenses that occurred prior to February 1, 2004, then Christopher G. Barnas (Licensee), who was convicted in New York of driving with a .08 percent blood alcohol level, should have his license suspended for one year, even though for the same conduct in Pennsylvania, his license would never have been suspended. Because the controlling provision is not Section 3804(e) (2) (iii) but Section 3731 of the Vehicle Code, formerly 75 Pa.C.S. § 3731, as amended by Act 24 of 2003 (Act 24), which undisputedly is among the listed provisions that are effective as to offenses that occurred prior to February 1, 2004, I respectfully dissent.
Prior to the amendment of 75 Pa.C.S. §§ 3731(a)(4)® and (a.l)(l)(i) by Act 24,1 no offense occurred or penalty was imposed if a licensee was driving in Pennsylvania with a blood alcohol level of less than .10%. Where a person was convicted in another state of violating a provision that made it an offense to drive with less than a .10% blood alcohol level, by operation of *174the Driver’s License Compact of 1961,2 a licensee had his or her license suspended for one year,3 even though driving with that blood alcohol level in Pennsylvania was not a DUI violation subject to any suspension because it was held that conduct was substantially similar to the conduct in Pennsylvania. Hoenisch v. Dept. of Transportation, Bureau of Driver Licensing, 567 Pa. 89, 785 A.2d 969 (2001) (with three justices dissenting).
This all changed with Act 24.4 Section 13 of Act 24 amended 75 Pa.C.S. §§ 3731(a)(4)® and (a.l)(l)(i), to provide for a DUI offense that was identical to the offense in New York by making it a crime in Pennsylvania to drive with a blood alcohol level of .08%. It provided:
§ 3731. Driving under influence of alcohol or controlled substance.
(a) Offense defined. A person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances:
(1) While under the influence of alcohol to a degree which renders thé person incapable of safe driving.
(4) While the amount of alcohol by weight in the blood of:
(i) an adult in [0.10%] or 0.08% or greater.
(a.l) Prima facie evidence.—
(1) It is prima facie evidence that:
(i) an adult had [0.10%] or 0.08% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of any vehicle if the amount of alcohol by weight in the blood of the person is equal to or greater than [0.10%] or 0.08% at the time a chemical test is performed on a sample of the person’s breath, blood or urine.
Sections 21 (5)(iii)(E)(5) made this provision of Act 24 applicable to all offenses committed before February 1, 2004.5 Because *175this .08% blood alcohol provision was added by Act 24’s amendment of 75 Pa.C.S. § 3731(a.l), then under Section 21(5)(ii), any administrative penalty, such as a suspension, does not apply, making those offenses subject to the reduced penalty provisions of Section 3804. Moreover, unlike the majority’s interpretation, this interpretation is in direct accord with the General Assembly’s intent not to have those convicted of less than a .10% blood alcohol level to have their licenses suspended for a first offense.
In this case, Licensee was charged on September 23, 2003, and ultimately convicted with violating New York’s traffic laws for driving while impaired by alcohol of less than .10%. Because Licensee was a first-time offender, in Pennsylvania, under both 75 Pa.C.S. § 3731, which does not impose any penalty, and Section 3804(a)(1), the administrative penalties applicable to this type of violation are only fines and probation, not suspension. Because 21(5)(ii) states that the reduced penalty provisions apply to all offenses that occurred before February 1, 2003,1 disagree with the majority that PennDot properly suspended Licensee’s operating privileges under the Compact when for the substantially similar offense — the identical offense in Pennsylvania, no suspension, then and now or ever, would be imposed.
. Act of September 30, 2003, P.L. 120, 75 Pa.C.S. §§ 3801-3817.
. 75 Pa.C.S. § 1581.
. The one year suspension is pursuant to 75 Pa.C.S. § 1532(b).
. Act 24 was enacted by the General Assembly on September 30, 2003, and also became effective that date. The provisions of Act 24 amended Section 3731 making it an offense to operate a motor vehicle with a blood alcohol level at 0.08% but less than 0.10%. Within an instant, Section 3731 was then replaced by 75 Pa.C.S. § 3802(a), but 75 Pa.C.S. §§ 3731(a)(4)(i) and (a.1)(1)(i) remained applicable to all offenses committed prior to February 1, 2004. The revised penalty provisions of Act 24, 75 Pa.C.S. § 3804, became effective February 1, 2004. Under the revised penalty provisions of Act 24, a first-time offender for a DUI offense (whether in state or .out of state) was subject to fines, probation and other penalties such as attending alcohol awareness and safety programs. See 75 Pa. C.S. 3804(a)(1). In addition, Section 3804(e)(2)(iii) specified that "[tjhere shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.” Id. § 3804(e)(2)(iii). Thus, a first-time DUI offender who committed a DUI offense below 0.10% either within the Commonwealth or in another state that joined the Compact did not receive a penalty of suspension. See 75 Pa. C.S. §§ 3804(e)(2)(iii), 1532(b)(3), 3802(a)(2) and 3804(e)(1)(ii).
.Sections 21(2) and (5)(iii) contain the following "savings” provisions that instruct when and whether pre-February 1, 2004 offenses will be subject to the reduced penalty provisions of Section 3804:
(2) The repeal of 18 Pa.C.S. § 7514 and 75 Pa.C.S. § 3731 [relating to drunk driving] shall not affect offenses committed prior to February 1, 2004, or civil and administrative penalties imposed as a result of those offenses.
*175(5) The following apply to offenses committed before February 1, 2004:
(i) Except as set forth in subparagraph (ii)or (iii), this act shall not affect an offense committed before February 1, 2004, or any criminal, civil and administrative penalty assessed as a result of that offense.
(ii) Subparagraph (i) does not apply if a provision added or amended by this act specifies application to an offense committed before February 1, 2004, or to any criminal, civil or administrative penalty assessed as a result of that offense.
(iii)Subparagraph (i) does not apply to the following provisions:
(E) The amendment of 75 Pa.C.S. § 3731(a)(4)(i) and (a.l)(l)(i) in section 13 of this act.