Grading. (a)  Basic offenses.-- Except as provided in subsections (b) and (c): (1)  An individual who violates section 3802(a) (relating to driving under influence of

§ 3803.  Grading. (a)  Basic offenses.-- Except as provided in subsections (b) and (c): (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 two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the second degree. (3)  An individual who violates section 3802 and has three or more prior offenses or has previously been convicted of a violation of section 3735 (relating to homicide by vehicle while driving under influence) commits a felony of the third degree. (4)  An individual who violates section 3802(a), (b), (e) or (f) and has two prior offenses, one of which includes a violation of section 3802(h)(1) commits a felony of the third 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 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 breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, 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 two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the first degree. (4)  An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has one prior offense commits a misdemeanor of the first degree. (4.1)  An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d), commits: (i)  A felony of the third degree if the individual has two prior offenses. (i.1)  A felony of the third degree if the individual has one prior offense under section 3802(h)(1). (ii)  A felony of the second degree if the individual has three or more prior offenses. (iii)  A felony of the second degree if the individual has two prior offenses, one of which includes a violation of section 3802(h)(1). (5)  An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle when the violation occurred commits: (i)  A misdemeanor of the first degree if the individual has no more than one prior offense. (ii)  A felony of the third degree if the individual has two or more prior offenses or has one prior offense under section 3802(h)(1). (c)  Offenses following diversion.-- (1)  An individual who violates section 3802(h)(1) where the underlying offense is a violation of section 3802(a), (b), (e) or (f), 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(h)(1) where the underlying offense is a violation of section 3802(c) or (d), commits a misdemeanor of the first degree. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 8, 2012, P.L.255, No.39, eff. 60 days; Oct. 27, 2014, P.L.2905, No.189, eff. imd.; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; July 11, 2022, P.L.717, No.59, eff. 120 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2022 Amendment. The preamble of Act 59 provided that Act 59 may be referred to as Deana's Law. Cross References. Section 3803 is referred to in sections 3804, 3806, 3815 of this title.