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In general, the BAC must be between .10 and .159% to fit onto this tier. However, a defendant is placed in the Tier II 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 II if the driver was a minor operating a vehicle with a BAC between .02 and .159% A driver will be placed onto Tier II if the driver was operating a school bus with a BAC of .02% and above. A driver will be placed onto Tier II 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 II 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 II 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 II 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 II 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 II 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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The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania. |
