75 Pa.C.S.A. § 3803. Grading for Pennsylvania DUI

Understanding DUI Offenses in Pennsylvania

When it comes to DUI offenses in Pennsylvania, it is important to understand the grading system as outlined in 75 Pa.C.S.A. § 3803. DUI, which stands for driving under the influence, refers to operating a motor vehicle while under the influence of alcohol or drugs. The Skiendziul Law Firm, a trusted name in the legal field, specializes in handling DUI cases and offers expert legal assistance to individuals facing such charges.

Grading for DUI Offenses

Under Pennsylvania law, DUI offenses are graded based on various factors such as blood alcohol concentration (BAC) levels, prior convictions, and the presence of any aggravating circumstances. The grading determines the severity of the offense and the corresponding penalties. It is essential to have a knowledgeable attorney by your side to navigate through the legal process and protect your rights.

General Impairment (Tier 1)

Tier 1 DUI offenses in Pennsylvania fall under the general impairment category. This applies when an individual's BAC is between 0.08% and 0.099%. For a first-time offense, it is considered an ungraded misdemeanor, leading to a potential jail term of up to 6 months, fines ranging from $300 to $2,500, and a license suspension of up to 12 months.

If a person has a prior DUI conviction within the past 10 years, the penalties increase. A second offense under general impairment is a misdemeanor of the first degree, resulting in a jail term of 5 days to 6 months, fines ranging from $300 to $2,500, and a license suspension of 12 to 18 months. Subsequent offenses carry even more severe consequences.

High Rate of Alcohol (Tier 2)

Tier 2 DUI offenses involve a higher BAC level between 0.10% and 0.159%. These offenses are considered more serious and carry harsher penalties. For a first-time offense, it is categorized as an ungraded misdemeanor, carrying a potential jail term of up to 6 months, fines ranging from $500 to $5,000, and a license suspension of 12 to 18 months.

A second offense under the high rate of alcohol category is a misdemeanor of the first degree, resulting in a jail term of 30 days to 6 months, fines ranging from $750 to $5,000, and a license suspension of 18 months. Subsequent offenses have even more severe consequences, including longer jail terms and larger fines.

Highest Rate of Alcohol (Tier 3)

Tier 3 DUI offenses involve the highest BAC level, which is 0.16% or higher. These offenses are considered the most severe and are subject to enhanced penalties. For a first-time offense, it is an ungraded misdemeanor, leading to a potential jail term of 72 hours to 6 months, fines ranging from $1,000 to $5,000, and a license suspension of 12 to 18 months.

A second offense under the highest rate of alcohol category is a misdemeanor of the first degree, carrying a jail term of 90 days to 5 years, fines ranging from $1,500 to $10,000, and a license suspension of 18 months. Subsequent offenses have even more severe consequences, including longer jail terms and larger fines.

Aggravating Circumstances

In certain cases, aggravating circumstances can lead to enhanced penalties. These circumstances include driving with a minor under the age of 18 in the vehicle, causing an accident resulting in bodily injury or property damage, or having a BAC of 0.16% or higher while operating a commercial vehicle. Such circumstances can significantly impact the grading of the offense and result in more severe penalties.

Expert Legal Assistance for DUI Cases

When facing DUI charges in Pennsylvania, it is crucial to seek expert legal assistance. The Skiendziul Law Firm specializes in representing individuals accused of DUI offenses. Our experienced attorneys understand the complexities of Pennsylvania DUI laws and will work diligently to protect your rights, build a strong defense, and achieve the best possible outcome for your case.

If you or someone you know is in need of legal representation for a DUI offense, don't hesitate to contact The Skiendziul Law Firm today. Our team is ready to provide you with the guidance and support you need during this challenging time. Schedule a consultation with us and let us fight for the best resolution for your DUI case.