Driving under the influence is a crime that is never taken lightly. If you find yourself facing DUI charges and it is not your first offense, you will face much harsher penalties. Third offense DUI's are the most serious of driving under the influence offences. DUI basics Third offense DUI's are broken down into three tiers. These tiers are known as general impairment, high impairment, and highest impairment. There are several different factors that determine which tier your DUI is classified under.
The lowest tier of third offense DUI's is known as general impairment. You've committed a tier one offense if your Blood Alcohol Content (BAC) was between .08 and .099%, no property damage or injury occurred, and you were incapable of safe driving. Penalties for a tier one offense include being charged with a misdemeanor of the Second Degree, prison sentence of 10 days to 2 years, license suspension for 12 months, fines between $500 and $5,000, $200 surcharge, $100 Substance Abuse Education and Demand Reduction Fund, treatment when ordered, and one year interlock installed on your vehicle. After the lowest tier comes the next tier.
The second highest tier of third offense DUI's is known as high impairment. You've committed a tier two offense if your BAC was between .10 and 0.159%, general BAC with an accident or injury, or a minor with a BAC of .02 to .159%. The penalties for a tier two offense dui 2nd offense include being charged with a misdemeanor of the First Degree, prison sentence of 90 days to 5 years, license suspension for 18 months, fines between $1,500 to $10,000, $200 surcharge, $100 Substance Abuse Education and Demand Reduction Fund, treatment when ordered, and one year interlock installed on your vehicle. Lastly, after the high impairment tier comes the highest impairment tier.
The highest impairment tier is the highest tiers of the three tiers. You've committed a tier three offense if you had a BAC of .16% or higher, refused to take a chemical test, or controlled substance DUI. Penalties for a tier three DUI include being charged with a misdemeanor of the First Degree, prison sentence of 1 year up to 5 years, license suspension of 18 months.
Whether you fall under tier one, tier two, or tier three, you could potentially be facing harsh penalties for your DUI. DUI's should always be taken seriously and third offense DUI's must be handled with extreme care. If you or someone you know is facing third offense DUI charges, it is important to meet with a criminal defense attorney as soon as possible in order for your case to receive the best possible outcome.