2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3803 - Grading.

     § 3803.  Grading.
        (a)  Basic offenses.--Notwithstanding the provisions of
     subsection (b):
            (1)  An individual who violates section 3802(a) (relating
        to driving under influence of alcohol or controlled
        substance) and has no more than one prior offense commits a
        misdemeanor for which the individual may be sentenced to a
        term of imprisonment of not more than six months and to pay a
        fine under section 3804 (relating to penalties).
            (2)  An individual who violates section 3802(a) and has
        more than one prior offense commits a misdemeanor of the
        second degree.
        (b)  Other offenses.--
            (1)  An individual who violates section 3802(a)(1) where
        there was an accident resulting in bodily injury, serious
        bodily injury or death of any person or in damage to a
        vehicle or other property, or who violates section 3802(b),
        (e) or (f) and who has no more than one prior offense commits
        a misdemeanor for which the individual may be sentenced to a
        term of imprisonment of not more than six months and to pay a
        fine under section 3804.
            (2)  An individual who violates section 3802(a)(1) where
        the individual refused testing of blood or breath, or who
        violates section 3802(c) or (d) and who has no prior offenses
        commits a misdemeanor for which the individual may be
        sentenced to a term of imprisonment of not more than six
        months and to pay a fine under section 3804.
            (3)  An individual who violates section 3802(a)(1) where
        there was an accident resulting in bodily injury, serious
        bodily injury or death of any person or in damage to a
        vehicle or other property, or who violates section 3802(b),
        (e) or (f) and who has more than one prior offense commits a
        misdemeanor of the first degree.
            (4)  An individual who violates section 3802(a)(1) where
        the individual refused testing of blood or breath, or who
        violates section 3802(c) or (d) and who has one or more prior
        offenses commits a misdemeanor of the first degree.
     (Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

        Cross References.  Section 3803 is referred to in sections
     3806, 3815 of this title.