Pennsylvania DUI Law
Tier 2 - High Rate of Alcohol

Pennsylvania DUI Law Tier 1 Penalties
Pennsylvania DUI Law Tier 2 Penalties
Pennsylvania DUI Law Tier 3 Penalties

 

In general, the BAC must be between .10 and .159% to fit onto this tier. Generally speaking, only 10% of all DUI arrests in the Commonwealth of Pennsylvania fall into the Tier 2 category.

However, a defendant is placed in the Tier 2 category if there is personal injury or property damage resulting from operation of the vehicle while under the influence of alcohol, even if the BAC is less than .10%.

A driver will be placed onto Tier 2 if the driver was a minor operating a vehicle with a BAC between .02 and .159%

A driver will be placed onto Tier 2 if the driver was operating a school bus with a BAC of .02% and above.

A driver will be placed onto Tier 2 if the driver was operating a commercial vehicle with a BAC of .04% and above.

First Offense

Upon conviction for the first offense, a Tier 2 offender will lose their driving license for 12 months, but may qualify for an Occupational Limited License after 60 days of the suspension. The driver will be sentenced to serve between 48 hours and 6 months in prison, shall pay a $500 to $5,000 fine, shall attend alcohol, highway and safety school if the court so orders.

Second Offense

Upon conviction for the second offense, a Tier 2 offender will lose their driving license for 12 months, will be sentenced to serve between 30 days and 6 months in prison, shall pay a $750 to $5,000 fine, shall attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall install an ignition interlock system which will remain on the vehicle for a period of one year.

Third Offense

Upon conviction for the third offense, a Tier 2 offender will lose their driving license for 18 months, will be sentenced to serve between 90 days and 5 years in prison, shall pay a $1,500 to $10,000 fine, shall attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall install an ignition interlock system which will remain on the vehicle for a period of one year.

Fourth or Subsequent Offense

Upon conviction for the third offense, a Tier 2 offender will lose their driving license for 18 months, will be sentenced to serve between 1 to 5 years in prison, shall pay a $1,500 to $10,000 fine, shall attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall install an ignition interlock system which will remain on the vehicle for a period of one year.

ARD is available as an option for Tier 2 First Offenses

If you have been arrested for DUI in Pennsylvania call 610-724-3382 to obtain representation in your legal matter