Tier 1 DUI

"General Impairment"

75 Pa.C.S. § 3802(a)

  • BAC: .08-.099

  • First Offense: 

    • Misdemeanor​ (ungraded)

    • Sentence: Probation

    • Fine: $300

    • License Suspension: None

Tier 2 DUI

"High Rate"

75 Pa.C.S. § 3802(b)

  • BAC: .10-.16%

  • First Offense: 

    • Misdemeanor​ (ungraded)

    • Sentence: Jail - 48 hours to 6 month max.

    • Fine: $500 min. to $5,000 max.

    • License Suspension: 1 year

Tier 3 DUI

Highest Rate"

75 Pa.C.S. § 3802(c)

  • BAC: .16% and above

  • First Offense: 

    • Misdemeanor​ (ungraded)

    • Sentence: Jail - 72 hours to 6 month max.

    • Fine: $1,000 min. to $5,000 max.

    • License Suspension: 1 year

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Other factors are important following a DUI arrest including circumstances surrounding the arrest including whether there was an accident, underage children in the vehicle, and other factors that could affect your case.  There are important steps you should take to preserve your rights with a DUI arrest including asserting your 5th amendment privileges which allow you to remain silent.  Again, anything you say to the arresting officer can and will be used against you in your DUI case.

Following your arrest, you will promptly (within 2-3 days) be arraigned of your charges.  An arraignment hearing is required to inform the defendant of their rights and the specific criminal charges they are facing.  


Following the arraignment, a preliminary hearing (within 30-60 days) will be scheduled.  A preliminary hearing is one of the most steps in the process and can usually influence whether your case is going to trial and if so, how good your chances are of prevailing at trial.  It is imperative that you retain an experienced DUI attorney prior to your preliminary hearing.  At the preliminary hearing, your attorney will have the opportunity to cross examine the arresting officer and/or any witnesses.  The preliminary hearing is the first opportunity to evaluate the veracity of the DUI charges that you are facing so it is of the upmost importance to have attorney representation.


Again, it is imperative that you contact an experienced DUI defense attorney as soon as possible after your arrest.  These cases move quickly and time is of the essence.  The prosecution is working on your DUI case from the second you are pulled over so you need someone working for you as soon as possible.  Contact our office if you need more information or explore our other pages for more information regarding DUI's in Pennsylvania.


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600 Jefferson Avenue, Scranton, PA 18510


600 Jefferson Avenue, Scranton, PA 18510

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