Pennsylvania DUI / DAI LAW

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Pennsylvania Vehicle Codes

Pennsylvania Code Section - § 3803. Grading

(a) Basic offenses.—

  • (1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).
  • (2) An individual who violates section 3802(a) and has more than one prior offense commits a misdemeanor of the second degree.

(b) Other offenses.—

  • (1) An individual who violates section 3802(b), (e) or (f) and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
  • (2) An individual who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
  • (3) An individual who violates section 3802(b), (e) or (f) and who has more than one prior offense commits a misdemeanor of the first degree.
  • (4) An individual who violates section 3802(c) or (d) and who has one or more prior offenses commits a misdemeanor of the first degree.

Cross References. Section 3803 is referred to in section 3815 of this title.

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