Pennsylvania classifies DUI charges into three separate tiers. It is important to know which tier someone charged with DUI is in, because that tier (along with number of prior offenses within 10 years) dictates what potential minimum and maximum sentences he could face.
Tier 1: 75 Pa.C.S. 3802(a)(1) – general impairment
75 Pa.C.S. 3802(a)(2) – BAC .08-.10%
Tier 2: 3802(a)(1) with accident
3802(b) – BAC .10 – .16
3802(e) – involving minors who are DUI
3802(f) – commercial and school vehicles involved in DUI
Tier three: 3802(a)(1) – w/refusal
3802(c) – BAC .16 or higher
3802(d) – controlled substances
