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THREE TIERS
The penalties imposed for an alcohol-related offense in Pennsylvania depend on the person’s blood alcohol content level and the number of prior offenses an offender has accumulated. Pennsylvania has a tiered system of penalties based on the blood alcohol content of an offender. Tier one involves a blood alcohol content of 0.08% to 0.99%. The second tier is for offenders with a BAC level of .10% to .15% and the third tier deals with serious offenses with a BAC of 0.16% or more. A tier one first offense is considered an ungraded misdemeanor and will result in a maximum probation period of 6 months and a $300 fine. A tier two second offense has more serious consequences. There is a mandatory jail term of 48 hours up to 6 months and fines of $500 to $5,000. A tier three first offense has penalties of a twelve month license suspension period, a mandatory 72 hours in jail, and fines of $1,000 to $5,000. A tier one second offense has penalties of a twelve month license suspension, twelve months of using an ignition interlock device, 5 mandatory days in jail, and fines of $300 to $2,500. A tier two second offense carries a mandatory 30 days of jail time, $750 to $5,000 in fines, twelve months of ignition interlock device use, and a twelve month driver’s license suspension. A tier three second offense carries penalties such as a mandatory 90 days in jail, fines of $1,500 to $10,000, 12 months of ignition interlock device use, and a 12 month license suspension period.
A tier one third offense will result in a mandatory 10 days in jail, fines of $500 to $5,000, a 12 month license suspension period, and 12 months of using an ignition interlock device. A tier two third offense carries penalties of a mandatory 90 days in prison, fines of $1,500 to $10,000, license suspension for 18 months, and use of an ignition interlock device for 12 months. A tier three third offense will result in a mandatory one year jail term, license suspension of 18 months, use of an ignition interlock device for 12 months, and fines of $2,500 to $10,000. A tier one fourth offense will result in penalties of a mandatory 10 day jail term, $500 to $5,000 in fines, 12 months of ignition interlock device usage, and a 12 month license suspension. A tier two fourth offense will result in a mandatory one year of imprisonment, fines of $1,500 to $10,000, license suspension for 18 months, and use of an ignition interlock device for 12 months. A tier three fourth offense will result in a mandatory one year in jail, $2,500 to $10,000 in fines, 18 months of license suspension, and 12 months of ignition interlock device usage. Because these penalties are severe, it is important that you contact a Pennsylvania DUI lawyer immediately to be sure that you have the best chance of defending yourself against serious DUI charges.