| 75 Pa.C.S. § | DESCRIPTION | STATUTORY CLASS | § 303.3 OFFENSE GRAVITY SCORE | PROPOSED 8TH Ed. OFFENSE GRAVITY SCORE |
|---|
| 1543(b)(1)(iii) | Drive w/ suspended/revoked license as condition of ARD/conviction for DUI (3rd/subsq off) | M-3 | 1 | 2 |
| 1543(b)(1.1)(ii) | Drive w/ susp. lic. & BAC >=0.02%/or under influence of controlled subst. (2nd off) | M-3 | 1 | 2 |
| 1543(b)(1.1)(iii) | Drive w/ susp. lic. & BAC >=0.02%/or under influence of controlled subst. (3rd/subsq off) | M-1 | 3 | 7 |
| 1571(a.1) | Violations concerning licenses-agents issuing altered driver's license | F-3 | 5 | 10 |
| 1571(a)(5) | Violations concerning licenses-exhibit fictitious driver's license | M-1 | 3 | 7 |
| 3105(g)(2) | Unauth. operation of preemptive device | M-3 | 1 | 2 |
| 3367 | Racing on highways (2nd/subsq off) | M | 1 | 2 |
| 3712(a) | Abandonment of vehicles-on highway (3rd/subsq off) | M-3 | 1 | 2 |
| 3712(b) | Abandonment of vehicles-public/private property (3rd/subsq off) | M-3 | 1 | 2 |
| 3712.2(a) | Stripping abandoned vehicles (2nd/subsq off) | F-3 | 5 | 10 |
| 3712.2(a) | Stripping abandoned vehicles (1st off) | M-3 | 1 | 2 |
| 3732(a)* | Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) (E) | F-31 | 10 | 21 |
| 3732(a)* | Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) (Category A and Category C) (E) | F-31 | 10 | 21 |
| 3732(a)* | Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) (E) | F-31 | 8 | 19 |
| 3732(a)* | Homicide by vehicle-w/ one additional factor present during the criminal incident: DUI conviction, texting (75-3316), required to be licensed (75-1501), operating privilege suspended/revoked (75-1543), active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B of Category C) (E) | F-31 | 8 | 19 |
| 3732(a)* | Homicide by vehicle | F-3 | 6 | 18 |
| 3732.1(a)* | Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) (E) | F-32 | 9 | 20 |
| 3732.1(a)* | Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) (Category A and Category C) (E) | F-32 | 9 | 20 |
| 3732.1(a)* | Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) (E) | F-32 | 7 | 15 |
| 3732.1(a)* | Aggravated assault by vehicle w/ one additional factor present during the criminal incident: DUI conviction, texting (75-3316), required to be licensed (75-1501), operating privilege suspended/revoked (75-1543), active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B of Category C) (E) | F-32 | 7 | 15 |
| 3732.1(a)* | Aggravated assault by vehicle | F-3 | 5 | 13 |
| 3733(a) | Fleeing or eluding police officer | M-2 | 2 | 5 |
| 3733(a) | Fleeing or eluding police officer-with DUI/cross state line/high-speed chase | F-3 | 5 | 10 |
| 3735(a)(1)(i) | Homicide by vehicle while DUI | F-2 | 10 | 21 |
| 3735(a)(1)(ii) | Homicide by vehicle while DUI (prior DUI) | F-1 | 11 | 24 |
| 3735.1(a) | Aggravated assault by vehicle while DUI | F-2 | 9 | 19 |
| 3735.1(a.1)* | Aggravated assault by vehicle while DUI-required to be licensed (75-1501) or operating privilege suspended/revoked (75-1543) | F-2 | 10 | 21 |
| 3742(a) | Accident involving death/personal injury-failure to stop (death) (E) | F-2 | 9 | 20 |
| 3742(a) | Accident involving death/personal injury-failure to stop (SBI) | F-3 | 5 | 10 |
| 3742(a) | Accident involving death/personal injury-failure to stop (injury) | M-1 | 3 | 7 |
| 3742.1(a)(1)* | Accident involving death/personal injury-not properly licensed (death) | F-3 | 6 | 12 |
| 3742.1(a)(1)* | Accident involving death/personal injury-not properly licensed (SBI) | F-3 | 5 | 10 |
| 3742.1(a)(1) | Accident involving death/personal injury-not properly licensed | M-2 | 2 | 5 |
| 3742.1(a)(2) | Accident involving death/personal injury-not properly licensed: acting with negligence (death) | M-2 | 3 | 7 |
| 3742.1(a)(2) | Accident involving death/personal injury-not properly licensed: acting with negligence (SBI) | M-3 | 2 | 5 |
| 3743(a) | Accident involving damage to attended vehicle or property | M-3 | 1 | 2 |
| 3802 | Driving under the influence of alcohol or controlled substance (DUI) (See mandatory provisions § 303.9(i)) | | | |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (1st off) | M | 1 | 4 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (2nd off) | M | 1 | 10 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (3rd off) | M-2 | 3 | 10 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (4th/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(a)(1) | DUI-general impairment/incapable of safe driving (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (1st off) | M | 1 | 4 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (2nd off) | M-1 | 5 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: refused testing (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (1st off) | M | 1 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off) | M | 1 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off) | M-1 | 5 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: accident w/BI/SBI/death (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (1st off) | M | 1 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (2nd off) | M | 1 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (3rd off) | M-1 | 5 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(a)(1) | DUI-incapable of safe driving: damage to vehicle/property (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (1st off) | M | 1 | 4 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (2nd off) | M | 1 | 10 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (3rd off) | M-2 | 3 | 10 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (4th/subsq off) | F-3 | 6 | 12 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(a)(2) | DUI-general impairment: BAC .08-<.10 (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-< .16 (1st off) | M | 1 | 10 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-< .16 (2nd off) | M | 1 | 10 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-< .16 (3rd off) | M-1 | 5 | 12 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off) | F-3 | 6 | 12 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-<.16 (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(b) | DUI-high rate of alcohol: BAC .10-<.16 (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (1st off) | M | 1 | 10 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (2nd off) | M-1 | 5 | 12 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(c) | DUI-highest rate of alcohol: BAC >=.16 (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (1st off) | M | 1 | 10 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (2nd off) | M-1 | 5 | 12 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (minor occupant; 1st/2nd off)) | M-1 | 5 | 10 |
| 3802(d)(1)(i) | DUI-controlled substances: Sched I (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (1st off) | M | 1 | 10 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (2nd off) | M-1 | 5 | 12 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (minor occupant; 1st/2nd off)) | M-1 | 5 | 10 |
| 3802(d)(1)(ii) | DUI-controlled substances: Sched II/III (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (1st off) | M | 1 | 10 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (2nd off) | M-1 | 5 | 12 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(d)(1)(iii) | DUI-controlled substances: metabolite of Sched I/II/III (minor occupant; 3rd/subsq off)) | F-3 | 6 | 12 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (1st off) | M | 1 | 10 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (2nd off) | M-1 | 5 | 12 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(d)(2) | DUI-controlled substances & incapable of safe driving (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(3) | DUI-controlled substances & alcohol &incapable of safe driving (1st off) | M | 1 | 10 |
| 3802(d)(3) | DUI-controlled substances & alcohol & incapable of safe driving (2nd off) | M-1 | 5 | 12 |
| 3802(d)(3) | DUI-controlled substances & alcohol & incapable of safe driving (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(3) | DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(3) | DUI-controlled substances & alcohol & incapable of safe driving (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(d)(3) | DUI-controlled substances & alcohol & incapable of safe driving (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (1st off) | M | 1 | 10 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (2nd off) | M-1 | 5 | 12 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (3rd/subsq off) | F-3 | 6 | 12 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(d)(4) | DUI-controlled substances: solvent, etc. (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(e) | DUI-minor driver (1st off) | M | 1 | 10 |
| 3802(e) | DUI-minor driver (2nd off) | M | 1 | 10 |
| 3802(e) | DUI-minor driver (3rd off) | M-1 | 5 | 12 |
| 3802(e) | DUI-minor driver (4th/subsq off) | F-3 | 6 | 12 |
| 3802(e) | DUI-minor driver (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(e) | DUI-minor driver (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(e) | DUI-minor driver (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(f)(1)(i) | DUI-commercial vehicles (1st off) | M | 1 | 10 |
| 3802(f)(1)(i) | DUI-commercial vehicles (2nd off) | M | 1 | 10 |
| 3802(f)(1)(i) | DUI-commercial vehicles (3rd off) | M-1 | 5 | 12 |
| 3802(f)(1)(i) | DUI-commercial vehicles (4th/subsq off) | F-3 | 6 | 12 |
| 3802(f)(1)(i) | DUI-commercial vehicles (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(f)(1)(i) | DUI-commercial vehicles (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(f)(1)(i) | DUI-commercial vehicles (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(f)(1)(ii) | DUI-school vehicles (1st off) | M | 1 | 10 |
| 3802(f)(1)(ii) | DUI-school vehicles (2nd off) | M | 1 | 10 |
| 3802(f)(1)(ii) | DUI-school vehicles (3rd off) | M-1 | 5 | 12 |
| 3802(f)(1)(ii) | DUI-school vehicles (4th/subsq off) | F-3 | 6 | 12 |
| 3802(f)(1)(ii) | DUI-school vehicles (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(f)(1)(ii) | DUI-school vehicles (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(f)(1)(ii) | DUI-school vehicles (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (1st off) | M | 1 | 10 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (2nd off) | M | 1 | 10 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (3rd off) | M-1 | 5 | 12 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off) | F-3 | 6 | 12 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(f)(2) | DUI-commercial/school vehicles & incapable of safe driving (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (1st off) | M | 1 | 10 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (2nd off) | M | 1 | 12 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (3rd off) | M-1 | 5 | 12 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (4th/subsq) | F-3 | 6 | 12 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(f)(3) | DUI-commercial/school vehicles & controlled substances (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (1st off) | M | 1 | 10 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (2nd off) | M | 1 | 12 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (3rd off) | M-1 | 5 | 12 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off) | F-3 | 6 | 12 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) | F-3 | 6 | 12 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (minor occupant; 1st/2nd off) | M-1 | 5 | 10 |
| 3802(f)(4) | DUI-commercial/school vehicles & controlled substances & alcohol (minor occupant; 3rd/subsq off) | F-3 | 6 | 12 |
| 3808(a)(1) | Illegally operating motor vehicle not equipped with ignition interlock-no BAC | M | 1 | 2 |
| 3808(a)(2) | Illegally operating motor vehicle not equipped with ignition interlock-BAC >=.025) | M-3 | 1 | 2 |
| 3808(b) | Tampering with ignition interlock system-using/providing breath sample | M | 1 | 2 |
| 6308(d) | Investigation by police officers-records | M-3 | 1 | 2 |
| 6503.1 | Habitual offenders | M-2 | 2 | 5 |
| 7111 | Deal in titles/plates for stolen vehicles | M-1 | 3 | 7 |
| 7112 | False report of theft or conversion of vehicle | M-3 | 1 | 2 |
| 7121 | False application for title or registration | M-1 | 3 | 7 |
| 7122 | Altered/forged/counterfeit title/plates | M-1 | 3 | 7 |
| 8306(b) | Willful violation-hazardous materials transportation regs (1st off) | M-3 | 1 | 2 |
| 8306(c) | Subsq willful violation-hazardous materials transportation regs (w/in 2 yrs) | M-2 | 2 | 5 |
*=subcategorized offenses. See § 303.3(b).
1 statutory maximum increased by 5 years if offense occurred in active work zone or if also convicted of 75 § 1501, 75 § 1543, 75 § 3316, 75 § 3325 or 75 § 3327 (maximum=12 years)
2 statutory maximum increased by 2 years if offense occurred in active work zone or if also convicted of 75 § 1501, 75 § 1543, 75 § 3316, 75 § 3325 or 75 § 3327 (maximum=9 years)
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