3803. Grading

(a)  Basic offenses.–Notwithstanding the provisions of subsection (b):

(1)  An individual who violates section 3802(a) (relating to driving under influence of alcohol or
controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual
may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804
(relating to penalties).

(2)  An individual who violates section 3802(a) and has more than one prior offense commits a
misdemeanor of the second degree.

(b)  Other offenses.–

(1)  An individual who violates section 3802(a)(1) where there was an accident resulting in
bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who
violates section 3802(b), (e) or (f) and who has no more than one prior offense commits a misdemeanor for
which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a
fine under section 3804.

(2)  An individual who violates section 3802(a)(1) where the individual refused testing of blood
or breath, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for
which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a
fine under section 3804.

(3)  An individual who violates section 3802(a)(1) where there was an accident resulting in
bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who
violates section 3802(b), (e) or (f) and who has more than one prior offense commits a misdemeanor of the first
degree.

(4)  An individual who violates section 3802(a)(1) where the individual refused testing of blood
or breath, or who violates section 3802(c) or (d) and who has one or more prior offenses commits a
misdemeanor of the first degree.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)