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The
New DUI Law in Pennsylvania
Tier I
Effective
October 1, 2003, the illegal per se level for DUI was reduced from a Blood
Alcohol Content (BAC) of .10 to a BAC of .08. Starting in February, 2004,
the new tier system determines the penalties for DUI offenses in the Commonwealth
of Pennsylvania.
A defendent is placed in the Tier I category if there is no personal injury
and no property damage resulting from operation of the vehicle while under
the influence of alcohol. The BAC must be between .08 and .099 to fit
onto this tier.
First Offense
Upon conviction for the first offense, a Tier I offender will not lose
their driving license, will be allowed up to six months of probation,
shall pay a $300 fine and shall attend alcohol, highway and safety school
if the court so orders.
Second Offense
Upon conviction for the second offense, a Tier I offender will lose their
driving license for 12 months, will be sentenced to serve between 5 days
and six months in prison, shall pay a $300 to $2,500 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 or Subsequent Offense
Upon conviction for the third offense, a Tier I offender will lose their
driving license for 12 months, will be sentenced to serve between 10 days
and two years in prison, shall pay a $500 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.
ARD
is available as an option for Tier I First Offenses
If you have been arrested for DUI under the New Pennsylvania DUI Law,
call 610-724-3382 to obtain representation in your legal matter
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