Pennsylvania DUI Law
Tier 3 - Highest 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 .16% or more to fit onto this tier. Generally speaking, 85% of all DUI arrests in the Commonwealth of Pennsylvania fall into the Tier 3 category.

A motorist who refuses to submit to a chemical test of blood, breath or urine will be placed onto Tier III, no matter what the blood alcohol content may be.

A motorist who has any amount of a controlled substance OR trace amounts of a controlled substance that has not been medically prescribed, no matter how small, will be placed onto Tier III. The Commonwealth need not prove that the motorist was incapable of safe driving.

A motorist who is under the combined influence of alcohol and other drugs or controlled substances or solvent or inhalant will also be placed onto Tier III.

First Offense

Upon conviction for the first offense, a Tier III 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 72 hours and 6 months in prison, shall pay a $1,000 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 III 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 minimum fine of $1,500, 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 or Subsequent Offense

Upon conviction for the third or subsequent offense, a Tier III offender will lose their driving license for 18 months, will be sentenced to serve between 1 year and 5 years in prison, shall pay a minimum fine of $2,500, 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 III First Offenses

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