[53 Pa.B. 125]
[Saturday, January 7, 2023]
[Continued from previous Web Page]
TABLE C—OGS Enchancements
Pa.C.S. § Description OGS Assignment OGS Adjustment Additional Enhancements or Details 18-2502(c) Murder of the third degree Victim <13 years of age x 18-2505 Causing or aiding suicide Victim <18/intellectual disability/autism x 18-3011 Trafficking in individuals Maximum adjustment = __ Unless otherwise included in OGS description: Sexual servitude +2 Kidnapping, rape, or IDSI in course of offense (maximum = Life) (42/9720.2) OGS 27 Age of victim—13 to less than 18 years of age +2 Age of victim—less than 13 years of age +4 18-3012 Involuntary servitude Maximum adjustment = __ Unless otherwise included in OGS description: Sexual servitude +2 Kidnapping, rape, or IDSI in course of offense (maximum = Life) (42/9720.2) OGS 27 Age of victim—13 to less than 18 years of age +2 Age of victim—less than 13 years of age +4 18-3133 Sexual extortion Victim<18/intellectual disability/actor holds position of trust x Unless otherwise included in OGS description: Victim attempts suicide resulting in SBI/death +1 18-3301(a) Arson endangering persons (enhancement as provided in 42-9720.6) Cause SBI to civilian or cause BI to firefighter, etc. x Unless otherwise included in OGS description: Maximum adjustment = __ More than 3 people in building (F-1 offense) +2 More than three people in building (< F-1 offense) +3 Greater than $1 million in damage (F-1 offense) +2 Greater than $1 million in damage (< F-1 offense) +3 Incendiary device (F-1 offense) +2 Incendiary device (< F-1 offense) +3 18-3301(a.1) Aggravated arson (enhancement as provided in 42-9720.6) Cause SBI to civilian or cause BI to firefighter, etc. x Unless otherwise included in OGS description: Maximum adjustment = __ More than 3 people in building (F-1 offense) +2 More than three people in building (< F-1 offense) +3 Greater than $1 million in damage (F-1 offense) +2 Greater than $1 million in damage < (F-1 offense) +3 Incendiary device (F-1 offense) +2 Incendiary device (< F-1 offense) +3 18-3502 Burglary (enhancement as provided in part in 42-9720.7) Occupied structure, person present, bodily injury crime x Unless otherwise included in OGS description: Domestic animal harmed of killed +1 18-3503 Criminal trespass Unless otherwise included in OGS description: Domestic animal harmed of killed +1 18-3702 Robbery of motor vehicle Steals or takes motor vehicle in presence of person x 18-6105 Person not to possess firearms Previous conviction x Possession/control of firearm or within reach x 18-6312 Sexual abuse of children (enhancement as provided in 42-9720.5) Age of victim or prepubescent x Indecent contact depicted x Unless otherwise included in OGS description: Maximum adjustment = __ Nature and character of abuse depicted +1 Child know to defendant +1 Number of images (video clip = 50 images): More than 50 to 200 images +1 More than 200 to 500 images +2 More than 500 images +3 75-3732 Homicide by vehicle Category A: DUI (75-3802); texting (75-3316) x Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) x Category C: required to be licensed (75-1501); operating privilege suspended/revoked (75-1543) x 75-3732.1 Aggravated assault by vehicle Category A: DUI (75-3802); texting (75-3316) x Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) x Category C: required to be licensed (75-1501); operating privilege suspended/revoked (75-1543) x 75-3742 Accidents involving death or personal injury Victim dies as a result of the violation x 75-3802 Driving under the influence of alcohol or controlled substance Four or more prior convictions under (a)(1), (c), or (d) x 42-2154(b)(3) Deadly weapon enhancement Deadly weapon possessed +2 Deadly weapon used +3 42-2154(b)(3) School and youth drug possession enhancement Distribution in a school zone +1 Distribution to a minor +2 Distribution to a minor in a school zone +3 42-9720.4 Sentences for offenses committed in association with a criminal gang Crimes of violence (42-9714(g)) or a violation of section (a)(30) of the Drug Act (35-780-114) if knowingly committed at the direction of or for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. +2 42-9720.8 Domestic violence (enhancement as provided in part 42-9720.8) Offense under Title 18, Chapters 25, 27, 29, 30, 31, or 49 against a family or household member (23-6102). +2 Defendant knew crime was witnessed, either through sight or sound, by a minor who is also a family or household members of the defendant to victim. Payment of costs or fees for assessment and treatment of the minor.
TABLE D-1—OGS Assignments, Mandatory Provisions, Title 30
30 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)
Mand.
Sentence
Provision5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (1st off) M 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (1st off); 1st minor <18 passenger M-11 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off) M 7 5 days 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off); 1st minor <18 passenger M-11 7 5 days 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off); 2nd minor <18 passenger M-12 8 5 days + 1
to 6 mos5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off) M-2 7 10 days 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 2nd minor <18 passenger M-12 8 10 days +1
to 6 mos5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 9 10 days + 6 mos to 2 years 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (1st off) M 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (1st off); 1st minor <18 passenger M-11 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off) M-1 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off); 1st minor <18 passenger M-11 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off); 2nd minor <18 passenger M-12 8 5 days + 1
to 6 mos5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off) M-1 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 2nd minor <18 passenger M-12 8 10 days + 1
to 6 mos5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 9 10 days + 6 mos to 2 years 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (1st off) M 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (1st off); 1st minor <18 passenger M-11 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off) M 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off); 1st minor <18 passenger M-11 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off); 2nd minor <18 passenger M-12 8 5 days + 1 to 6 mos 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off) M-1 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 2nd minor <18 passenger M-12 8 10 days + 1
to 6 mos5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 3rd/subsq minor <18 passenger M-13 9 10 days + 6 mos to 2 years 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off) M-1 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 2nd minor <18 passenger M-12 8 10 days + 1 to 6 mos 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 3rd/subsq minor
<18 passengerM-13 9 10 days + 6 mos to 2 years 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (1st off) M 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (1st off); 1st minor <18 passenger M-11 4 6 mos prob 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off) M 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off); 1st minor <18 passenger M-11 7 5 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off); 2nd minor <18 passenger M-12 8 5 days + 1 to 6 mos 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off) M-1 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 2nd minor <18 passenger M-12 8 10 days + 1 to 6 mos 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 3rd/subsq minor <18 passenger M-13 9 10 days + 6 mos to 2 years 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off) M-1 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 1st minor <18 passenger M-11 7 10 days 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 2nd minor <18 passenger M-12 8 10 days + 1 to 6 mos 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 3rd/subsq minor
<18 passengerM-13 9 10 days + 6 mos to 2 years 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (1st off) M 4 6 mos prob 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (1st off); 1st minor <18 passenger M-11 4 6 mos prob 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (2nd off) M 7 5 days 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (2nd off); 1st minor <18 passenger M-11 7 5 days 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (2nd off); 2nd minor <18 passenger M-12 8 5 days + 1 to 6 mos 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (3rd/subsq off) M-2 7 10 days 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (3rd/subsq off); 1st minor <18 passenger M-11 7 10 days 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (3rd/subsq off); 2nd minor <18 passenger M-12 8 10 days + 1 to 6 mos 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-<.10 (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 9 10 days + 6 mos to 2 years 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (1st off) M 7 48 hours 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (1st off); 1st minor <18 passenger M-11 7 48 hours 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (2nd off) M 8 30 days 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (2nd off); 1st minor <18 passenger M-11 8 30 days 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (2nd off); 2nd minor <18 passenger M-12 9 30 days + 1 to 6 mos 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (3rd off) M-1 9 90 days 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (3rd off); 1st minor <18 passenger M-11 9 90 days 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (3rd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (3rd off); 3rd/subsq minor <18 passenger M-13 9 90 days + 6 mos to 2 years 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (4th/subsq off) M-1 13 1 year 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (1st off) M 7 72 hours 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (2nd off) M-1 9 90 days 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (3rd/subsq off) M-1 13 1 year 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (3rd/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (3rd/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC >=.16 (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (1st off) M 7 72 hours 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off) M-1 9 90 days 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off) M-1 13 1 year 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (1st off) M 7 72 hours 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off) M-1 9 90 days 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off); 1st minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off) M-1 13 1 year 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (1st off) M 7 72 hours 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off) M-1 9 90 days 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off) M-1 13 1 year 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (1st off) M 7 72 hours 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off) M-1 9 90 days 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off) M-1 13 1 year 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 1st minor
<18 passengerM-11 13 1 year 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 2nd minor
<18 passengerM-12 13 1 year + 1 to 6 mos 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 3rd/subsq minor
<18 passengerM-13 13 1 year + 6 mos to 2 years 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (1st off) M 7 72 hours 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off) M-1 9 90 days 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off) M-1 13 1 year 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 1st minor
<18 passengerM-11 13 1 year 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 2nd minor
<18 passengerM-12 13 1 year + 1 to 6 mos 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 3rd/subsq minor
<18 passengerM-13 13 1 year + 6 mos to 2 years 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (1st off) M 7 72 hours 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (1st off); 1st minor <18 passenger M-11 7 72 hours 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off) M-1 9 90 days 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off); 1st minor <18 passenger M-11 9 90 days 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off) M-1 13 1 year 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year +6 mos to 2 years 5502(a.4) Oper. watercraft under influence-minor operator (1st off) M 7 48 hours 5502(a.4) Oper. watercraft under influence-minor operator (1st off); 1st minor <18 passenger M-11 7 48 hours 5502(a.4) Oper. watercraft under influence-minor operator (2nd off) M 8 30 days 5502(a.4) Oper. watercraft under influence-minor operator (2nd off); 1st minor <18 passenger M-11 8 30 days 5502(a.4) Oper. watercraft under influence-minor operator (2nd off); 2nd minor <18 passenger M-12 8 30 days + 1 to 6 mos 5502(a.4) Oper. watercraft under influence-minor operator (3rd off) M-1 9 90 days 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 1st minor <18 passenger M-11 9 90 days 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 2nd minor <18 passenger M-12 9 90 days + 1 to 6 mos 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 3rd/subsq minor <18 passenger M-13 9 90 days + 6 mos to 2 years 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off) M-1 13 1 year 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 1st minor <18 passenger M-11 13 1 year 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 2nd minor <18 passenger M-12 13 1 year + 1 to 6 mos 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 3rd/subsq minor <18 passenger M-13 13 1 year + 6 mos to 2 years 5502.1(a) Homicide by watercraft while operating under influence F-2 17 3 years 5502.2* Homicide by watercraft (when there is a conviction for operating under the influence) M-1 12 NA 5502.2* Homicide by watercraft (when there is not a conviction for operating under the influence) M-1 10 NA 5502.3(a) Aggravated assault by watercraft while operating under influence F-2 16 NA 5502.4(a) Aggravated assault by watercraft (SBI) F-3 11 NA 5507(a) Duties of operators involved in boating accidents-stop M-1 7 NA 5507(a) Duties of operators involved in boating accidents-stop (death) F-3 9 NA 5507(b) Duties of operators involved in boating accidents-give information M-1 7 NA 5507(b) Duties of operators involved in boating accidents-give information (death) F-3 9 NA 5507(c) Duties of operators involved in boating accidents-render aid M-1 7 NA 5507(c) Duties of operators involved in boating accidents-render aid (death) F-3 9 NA 5507(d) Duties of operators involved in boating accidents-stay M-1 7 NA 5507(d) Duties of operators involved in boating accidents-stay (death) F-3 9 NA § 5502(c.1)(5) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred, in addition to any penalty imposed under this section, shall be sentenced as follows:
1 (i) For the first offense: pay a fine of not less than $1,000; complete 100 hours of community service.
2 (ii) For a second offense: pay a fine of not less than $2,500; undergo imprisonment for not less than 1 month nor more than 6 months.
3 (iii) For a third or subsequent offense: undergo imprisonment for not less than six months nor more than two years.
OMNIBUS ASSIGNMENTS
§ 5502 OGS Assignments
(based on mandatory minimum
sentence requirements)§ 5502 OGS Override
(when OGS of statutory
class is higher)1 year and >
13*
*subsq off +1 (up to OGS 15)
M-1 97 90 days to <1 year
9M-2 4 30 days to <90 days
8M 2 <30 days
76 mos prob
4
TABLE D-2—OGS Assignments, Mandatory Provisions, Title 75
75 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)Mand.
Sentence
ProvisionEnhance 1543(b)(1)(iii) Drive w/ suspended/revoked license as condition of ARD/conviction for DUI (3rd/subsq off) M-3 9 6 months 1543(b)(1.1)(ii) Drive w/ susp. lic. & BAC >=0.02%/or under influence of controlled subst. (2nd off) M-3 9 6 months 1543(b)(1.1)(iii) Drive w/ susp. lic. & BAC >=0.02%/or under influence of controlled subst. (3rd/subsq off) M-1 13 2 years 1571(a.1) Violations concerning licenses-agents issuing altered driver's license F-3 9 NA 1571(a)(5) Violations concerning licenses-exhibit fictitious driver's license M-1 7 NA 3105(g)(2) Unauth. operation of preemptive device M-3 2 NA 3367 Racing on highways (2nd/subsq off) M 2 NA 3712(a) Abandonment of vehicles-on highway (3rd/subsq off) M-3 2 NA 3712(b) Abandonment of vehicles-public/private property (3rd/subsq off) M-3 2 NA 3712.2(a) Stripping abandoned vehicles (2nd/subsq off) F-3 9 NA 3712.2(a) Stripping abandoned vehicles (1st off) M-3 2 NA 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and B) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) F-31 16 NA E 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and C) required to be licensed (75-1501), operating privilege suspended / revoked (75-1543) (Category A and Category C) F-31 16 NA E 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: B) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) F-31 14 NA E 3732(a)* Homicide by vehicle-w/ one additional factor present during the criminal incident: A) DUI conviction, texting (75-3316) or B) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) or C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B or Category C) F-31 14 NA E 3732(a)* Homicide by vehicle F-3 12 NA 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and B) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) F-32 15 NA E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and C) required to be licensed (75-1501), operating privilege suspended / revoked (75-1543) (Category A and Category C) F-32 15 NA E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: B) required to be licensed (75-1501), operating privilege suspended / revoked (75-1543) and C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) F-32 13 NA E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor present during the criminal incident: A) DUI conviction, texting (75-3316), required to be licensed (75-1501) or B) operating privilege suspended/revoked (75-1543) or C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B or Category C) F-32 13 NA E 3732.1(a)* Aggravated assault by vehicle F-3 11 NA 3733(a) Fleeing or eluding police officer M-2 4 NA 3733(a) Fleeing or eluding police officer-with DUI/cross state line/high-speed chase F-3 9 NA 3735(a)(1)(i) Homicide by vehicle while DUI F-2 17 3 years 3735(a)(1)(ii) Homicide by vehicle while DUI (prior DUI) F-1 18 3 years 3735.1(a) Aggravated assault by vehicle while DUI F-2 16 NA 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 17 NA 3742(a) Accident involving death/personal injury-failure to stop (death) F-2 17 3 years E 3742(a) Accident involving death/personal injury-failure to stop (SBI) F-3 9 90 days 3742(a) Accident involving death/personal injury-failure to stop (injury) M-1 7 NA 3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (death) F-3 11 NA 3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (SBI) F-3 9 NA 3742.1(a)(1) Accident involving death/personal injury-not properly licensed M-2 4 NA 3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (death) M-2 7 NA 3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (SBI) M-3 4 NA 3743(a) Accident involving damage to attended vehicle or property M-3 2 NA 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 4 6 mos prob 3802(a)(1) DUI-general impairment/incapable of safe driving (1st off); 1st violation involving minor occupant M-13 7 6 mos prob 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735)(1st off) F-3 9 6 mos prob 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off) M 7 5 days 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off); 1st violation involving minor occupant M-13 7 5 days 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off); 2nd violation involving minor occupant M-14 9 5 days + 1 to 6 mos 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735)(2nd off) F-3 9 5 days 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off) M-2 7 10 days 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 1st violation involving minor occupant M-13 7 10 days 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 2nd violation involving minor occupant M-14 8 10 days + 1 to 6 mos 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-35 9 10 days + 6 mos to 2 years 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735)(3rd off) F-3 9 10 days 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off) F-3 9 10 days 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 1st violation involving minor occupant F-33 9 10 days 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 2nd violation involving minor occupant F-34 9 10 days + 1 to 6 mos 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 9 10 days + 6 mos to 2 years 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) (4th/subsq off) F-3 9 10 days 3802(a)(1) DUI-incapable of safe driving: refused testing (1st off) M 7 72 hours 3802(a)(1) DUI-incapable of safe driving: refused testing (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (1st off) F-3 7 72 hours 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off) M-1 9 90 days 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off) F-3 13 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off) F-2 14 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: refused testing (5th/subsq off)(E) F-2 15 1 year 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (1st off) M 7 48 hours 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off) M 8 30 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off) M-1 9 90 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off) F-3 13 1 year 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (1st off) M 7 48 hours 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off) M 8 30 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off) M-1 9 90 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off) F-3 13 1 year 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(a)(2) DUI-general impairment: BAC .08-<.10 (1st off) M 4 6 mos prob 3802(a)(2) DUI-general impairment: BAC .08-<.10 (1st off); 1st violation involving minor occupant M-13 7 6 mos prob 3802(a)(2) DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) (1st off) F-3 9 6 mos prob 3802(a)(2) DUI-general impairment: BAC .08-<.10 (2nd off) M 7 5 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (2nd off); 1st violation involving minor occupant M-13 7 5 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (2nd off); 2nd violation involving minor occupant M-14 8 5 days + 1 to 6 mos 3802(a)(2) DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) (2nd off) F-3 9 5 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (3rd off) M-2 7 10 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (3rd off); 1st violation involving minor occupant M-13 7 10 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (3rd off); 2nd violation involving minor occupant M-14 8 10 days + 1 to 6 mos 3802(a)(2) DUI-general impairment: BAC .08-<.10 (3rd off); 3rd/subsq violation involving minor occupant F-35 9 10 days + 6 mos to 2 years 3802(a)(2) DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) (3rd off) F-3 9 10 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (4th/subsq off) F-3 9 10 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (4th/subsq off); 1st violation involving minor occupant F-33 9 10 days 3802(a)(2) DUI-general impairment: BAC .08-<.10 (4th/subsq off); 2nd violation involving minor occupant F-34 9 10 days + 1 to 6 mos 3802(a)(2) DUI-general impairment: BAC .08-<.10 (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 9 10 days + 6 mos to 2 years 3802(a)(2) DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) (4th/subsq off) F-3 9 10 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (1st off) M 7 48 hours 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (2nd off) M 8 30 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (3rd off) M-1 9 90 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off) F-3 13 1 year 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(b) DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (1st off) M 7 72 hours 3802(c) DUI-highest rate of alcohol: BAC >=.16 (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(c) DUI-highest rate of alcohol: BAC >=.16 (2nd off) M-1 9 90 days 3802(c) DUI-highest rate of alcohol: BAC >=.16 (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(c) DUI-highest rate of alcohol: BAC >=.16 (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(c) DUI-highest rate of alcohol: BAC >=.16 (3rd off) F-3 13 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(c) DUI-highest rate of alcohol: BAC >=.16 (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (4th off) F-2 14 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(c) DUI-highest rate of alcohol: BAC >=.16 (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(c) DUI-highest rate of alcohol: BAC >=.16 (5th/subsq off) F-2 15 1 year E 3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(1)(i) DUI-controlled substances: Sched I (1st off) M 7 72 hours 3802(d)(1)(i) DUI-controlled substances: Sched I (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off) M-1 9 90 days 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off) F-3 13 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off) F-2 14 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(d)(1)(i) DUI-controlled substances: Sched I (5th/subsq off) F-2 15 1 year E 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (1st off) M 7 72 hours 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off) M-1 9 90 days 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off) F-3 13 1 year 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (3rd off) F-3 13 1 year 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off) F-2 14 1 year 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 1st violation involving minor occupant F-23 14 1 year 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (4th off) F-2 14 1 year 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (5th/subsq off) F-2 15 1 year E 3803(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (1st off) M 7 72 hours 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off) M-1 9 90 days 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off) F-3 13 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off) F-2 14 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (5th/subsq off) F-2 15 1 year E 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(2) DUI-controlled substances & incapable of safe driving (1st off) M 7 72 hours 3802(d)(2) DUI-controlled substances & incapable of safe driving (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off) M-1 9 90 days 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off) F-3 13 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off) F-2 14 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(d)(2) DUI-controlled substances & incapable of safe driving (5th/subsq off) F-2 15 1 year E 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(3) DUI-controlled substances & alcohol &incapable of safe driving (1st off) M 7 72 hours 3802(d)(3) DUI-controlled substances & alcohol &incapable of safe driving (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(3) DUI-controlled substances & alcohol &incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off) M-1 9 90 days 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off) F-3 13 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 13 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off) F-2 14 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (5th/subsq off) F-2 15 1 year E 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(d)(4) DUI-controlled substances: solvent, etc. (1st off) M 7 72 hours 3802(d)(4) DUI-controlled substances: solvent, etc. (1st off); 1st violation involving minor occupant M-13 7 72 hours 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (1st off) F-3 9 72 hours 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off) M-1 9 90 days 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off); 1st violation involving minor occupant M-13 9 90 days 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (2nd off) F-3 9 90 days 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off) F-3 13 1 year 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 1st violation involving minor occupant F-33 13 1 year 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (3rd subsq off) F-3 13 1 year 3802(d)(4) DUI-controlled substances: solvent, etc (4th off) F-2 14 1 year 3802(d)(4) DUI-controlled substances: solvent, etc (4th off); 1st violation involving minor occupant F-23 14 1 year 3802(d)(4) DUI-controlled substances: solvent, etc (4th off); 2nd violation involving minor occupant F-24 14 1 year + 1 to 6 mos 3802(d)(4) DUI-controlled substances: solvent, etc (4th off); 3rd/subsq violation involving minor occupant F-25 14 1 year + 6 mos to 2 years 3802(d)(4) DUI-controlled substances: solvent, etc (prior conviction 75-3735) (4th off) F-2 14 1 year 3802(d)(4) DUI-controlled substances: solvent, etc (5th/subsq off) F-2 15 1 year E 3802(d)(4) DUI-controlled substances: solvent, etc (prior conviction 75-3735) (5th/subsq off) F-2 15 1 year E 3802(e) DUI-minor driver (1st off) M 7 48 hours 3802(e) DUI-minor driver (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(e) DUI-minor driver (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(e) DUI-minor driver (2nd off) M 8 30 days 3802(e) DUI-minor driver (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(e) DUI-minor driver (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(e) DUI-minor driver (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(e) DUI-minor driver (3rd off) M-1 9 90 days 3802(e) DUI-minor driver (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(e) DUI-minor driver (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(e) DUI-minor driver (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(e) DUI-minor driver (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(e) DUI-minor driver (4th/subsq off) F-3 13 1 year 3802(e) DUI-minor driver (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(e) DUI-minor driver (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(e) DUI-minor driver (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(e) DUI-minor driver (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(f)(1)(i) DUI-commercial vehicles (1st off) M 7 48 hours 3802(f)(1)(i) DUI-commercial vehicles (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735)
(1st off)F-3 9 48 hours 3802(f)(1)(i) DUI-commercial vehicles (2nd off) M 8 30 days 3802(f)(1)(i) DUI-commercial vehicles (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(f)(1)(i) DUI-commercial vehicles (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735)
(2nd off)F-3 9 30 days 3802(f)(1)(i) DUI-commercial vehicles (3rd off) M-1 9 90 days 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735)
(3rd off)F-3 9 90 days 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off) F-3 13 1 year 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(f)(1)(ii) DUI-school vehicles (1st off) M 7 48 hours 3802(f)(1)(ii) DUI-school vehicles (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(f)(1)(ii) DUI-school vehicles (2nd off) M 8 30 days 3802(f)(1)(ii) DUI-school vehicles (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(f)(1)(ii) DUI-school vehicles (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(f)(1)(ii) DUI-school vehicles (3rd off) M-1 9 90 days 3802(f)(1)(ii) DUI-school vehicles (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(f)(1)(ii) DUI-school vehicles (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(f)(1)(ii) DUI-school vehicles (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off) F-3 13 1 year 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (1st off) M 7 48 hours 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off) M 8 30 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off) M-1 9 90 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off) F-3 13 1 year 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3802(f)(3) DUI-commercial/school vehicles & controlled substances (1st off) M 7 48 hours 3802(f)(3) DUI-commercial/school vehicles & controlled substances (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off) M 8 30 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off) M-1 9 90 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq) F-3 13 1 year 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq); 1st violation involving minor occupant F-33 13 1 year 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (4th/subsq) F-3 13 1 year 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (1st off) M 7 48 hours 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (1st off); 1st violation involving minor occupant M-13 7 48 hours 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (1st off) F-3 9 48 hours 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off) M 8 30 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off); 1st violation involving minor occupant M-13 8 30 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off); 2nd violation involving minor occupant M-14 8 30 days + 1 to 6 mos 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (2nd off) F-3 9 30 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off) M-1 9 90 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 1st violation involving minor occupant M-13 9 90 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 2nd violation involving minor occupant M-14 9 90 days + 1 to 6 mos 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 3rd/subsq violation involving minor occupant F-35 9 90 days + 6 mos to 2 years 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (3rd off) F-3 9 90 days 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off) F-3 13 1 year 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 1st violation involving minor occupant F-33 13 1 year 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 2nd violation involving minor occupant F-34 13 1 year + 1 to 6 mos 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 3rd/subsq violation involving minor occupant F-35 13 1 year + 6 mos to 2 years 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (4th/subsq off) F-3 13 1 year 3808(a)(1) Illegally operating motor vehicle not equipped with ignition interlock-no BAC M 2 NA 3808(a)(2) Illegally operating motor vehicle not equipped with ignition interlock-BAC >=.025) M-3 9 90 days 3808(b) Tampering with ignition interlock system-using/providing breath sample M 2 NA 6308(d) Investigation by police officers-records M-3 2 NA 6503.1 Habitual offenders M-2 4 NA 7111 Deal in titles/plates for stolen vehicles M-1 7 NA 7112 False report of theft or conversion of vehicle M-3 2 NA 7121 False application for title or registration M-1 7 NA 7122 Altered/forged/counterfeit title/plates M-1 7 NA 8306(b) Willful violation-hazardous materials transportation regs (1st off) M-3 2 NA 8306(c) Subsq willful violation-hazardous materials transportation regs (w/in 2 yrs) M-2 4 NA 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)
3 75 § 3804(c.1)(1) Violation involving minor occupant. An individual who violates section 3803(b)(5)(relating to grading), in addition to any penalty imposed in this chapter shall be sentenced for a first offense to pay a fine of no less than $1,000; and complete 100 hours of community service.
4 75 § 3804(c.1)(2) An individual who violates section 3803(b)(5)(relating to grading), in addition to any penalty imposed shall be sentenced for a second offense to pay a fine of not less than $2,500; and undergo imprisonment of not less than one month nor more than six months.
5 75 § 3804(c.1)(3) An individual who violates section 3803(b)(5)(relating to grading), in addition to any penalty imposed shall be sentenced for a for a third or subsequent offense to undergo imprisonment of not less than 6 months nor more than 2 years
OMNIBUS ASSIGNMENTS
§ 3802 OGS Assignments
(based on mandatory minimum
sentence requirements)§ 3802 OGS Override
(when OGS of statutory
class is higher)1 year and > 13*
*subsq off +1 (up to OGS 15)
F-2 11 F-3 9 90 days to <1 year 9 M-1 7 30 days to <90 days 8 M-2 4 <30 days 7 M 2 6 mos prob 4
Table E—Prior Offense Groups (POG) and Prior Record Score (PRS) Categories
Prior
Offense
GroupDescription of Prior
Adjudications and
Convictions
Number of
Priors in
GroupPRS 0 PRS 1 PRS 2 PRS 3 PRS 4
(REVOC)No priors 0 • POG1
(1-1-2)Misdemeanors* 1 • 2 • 3+ • POG2
(2-2-3)Felonies* 1 • 2 • 3+ • POG3
(2-3-3)Serious Crimes** 1 • 2 • 3+ • POG4
(3-4-4)Crimes of Violence*** 1 • 2 • 3+ • * Unless designated Serious Crimes or Crimes of Violence
** F-1/F-2 offenses, unless Crimes of Violence; and
F-3/M-1 offenses if 18 Pa.C.S. Article B, 18 Pa.C.S. Chap. 61, or 42 Pa.C.S. § 9799.14*** 42 Pa.C.S. § 9714(g)
[Pa.B. Doc. No. 23-30. Filed for public inspection January 6, 2023, 9:00 a.m.]
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