Delaware County DUI Law - Tier 3 - Highest Rate of Alcohol - Penalties


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In general, your BAC must be .16% or more to fit onto this tier. Generally speaking, 85% of all DUI arrests in Delaware County fall into the Tier 3 category.

If you refuse to submit to a chemical test of your blood, breath or urine
you will be placed onto Tier III, no matter what the your blood alcohol content may be.

If you have any amount of a controlled substance OR trace amounts of a controlled substance in your blood that have not been medically prescribed, no matter how small, you will be placed onto Tier III. The Commonwealth need not prove that the motorist was incapable of safe driving.

If you are under the combined influence of alcohol and other drugs or controlled substances or solvent or inhalant you will also be placed onto Tier III.

First Offense

Upon conviction for the first offense under Tier III 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 72 hours and 6 months in prison, pay a $1,000 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 III your could lose your driving license for 18 months, be sentenced to serve between 90 days and 5 years in prison, pay a minimum fine of $1,500, 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 or Subsequent Offense

Upon conviction for the third or subsequent offense under Tier III you will lose your driving license for 18 months, be sentenced to serve between 1 year and 5 years in prison, pay a minimum fine of $2,500, 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.

ARD is available as an option for Tier 3 First Offenses

Click to see Tier 1 Penalties

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

610-724-3382

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.