Delaware County DUI Law - Tier 1 - General Impairment - Penalties


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You might be placed in the Tier 1 category if there is no personal injury and no property damage resulting from operation of the motor vehicle while you were under the influence of alcohol. Your BAC must be between .08 and .099 to fit onto this tier.

Generally speaking, only 5% of all DUI arrests in Delaware County fall into the Tier 1 category.

First Offense

Upon conviction for the first offense on Tier 1, you will not lose their driving license, will be allowed up to six months of probation, shall pay a $300 fine and shall attend alcohol, highway and safety school if the court so orders.

Second Offense

Upon conviction for the second offense on Tier 1, you will lose your driving license for 12 months, will be sentenced to serve between 5 days and six months in prison, shall pay a $300 to $2,500 fine, shall attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall install an ignition interlock system which will remain on the vehicle for a period of one year.

Third or Subsequent Offense

Upon conviction for the third offense on Tier, you will lose their driving license for 12 months, will be sentenced to serve between 10 days and two years in prison, shall pay a $500 to $5,000 fine, shall attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall install an ignition interlock system which will remain on the vehicle for a period of one year.

ARD is available as an option for Tier 1 First Offenses

Click to see Tier 2 Penalties

Call today to schedule a Legal Strategy Session on your DUI Case.

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About Christopher Hemmel

Christopher Hemmel has been a licensed attorney since 1992. He earned a Bachelor of Science degree in Business Administration from Eastern College in Saint Davids, Pennsylvania and earned his law degree from Widener University School of Law in Wilmington, Delaware. He practices exclusively in the field of criminal law and DUI law in Delaware County and the surrounding communities.