Delaware County DUI Law - Tier 2 - High Rate of Alcohol - Penalties


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In general, your BAC must be between .10 and .159% to fit onto this tier. Generally speaking, only 10% of all DUI arrests in Delaware County fall into the Tier 2 category.

You might be placed in the Tier 2 category
if your BAC is between .10 and .159%. Generally speaking, only 10% of all DUI arrests in Delaware County fall into the Tier 2 category.

However, under certain circumstances, you could be placed in the Tier 2 category if there is personal injury or property damage resulting from operation of the vehicle while you are under the influence of alcohol, even if your BAC is less than .10%.

You could be placed onto Tier 2 if you were a minor operating a vehicle with a BAC between .02 and .159%

You could be placed onto Tier 2 if you were operating a school bus with a BAC of .02% and above.

You could be placed onto Tier 2 if you were operating a commercial vehicle with a BAC of .04% and above.

First Offense

Upon conviction for the first offense under Tier 2 you could lose your driving license for 12 months, but you may qualify for an Occupational Limited License after 60 days of the suspension. You will be sentenced to serve between 48 hours and 6 months in prison, pay a $500 to $5,000 fine, and attend alcohol, highway and safety school if the court so orders.

Second Offense

Upon conviction for the second offense under Tier 2 you could lose your driving license for 12 months, be sentenced to serve between 30 days and 6 months in prison, pay a $750 to $5,000 fine, attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of your driving privileges, install an ignition interlock system which will remain on your vehicle for a period of one year.

Third Offense

Upon conviction for the third offense under Tier 2 you could lose your driving license for 18 months, be sentenced to serve between 90 days and 5 years in prison, pay a $1,500 to $10,000 fine, attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of your driving privileges, install an ignition interlock system which will remain on your vehicle for a period of one year.

Fourth or Subsequent Offense

Upon conviction for the fourth or subsequent offense under Tier 2 you could lose your driving license for 18 months, be sentenced to serve between 1 to 5 years in prison, pay a $1,500 to $10,000 fine, attend alcohol, highway and safety school if the court so orders and, upon the reinstatement of driving privileges, shall an ignition interlock system which will remain on your vehicle for a period of one year.

ARD is available as an option for Tier 2 First Offenses

Click to see Tier 3 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.