Statutory framework and criminal grading in Pennsylvania
Under 75 Pa.C.S. § 3802, operating a motor vehicle with a blood alcohol concentration of 0.08 or higher, or under the intoxicating influence of controlled substances, constitutes an impaired driving offense. Three-tier penalty structure based on BAC levels with ARD diversion program.
As a Ungraded Misdemeanor, a first conviction involves mandatory sentencing guidelines established by state statute. These include minimum statutory fines, community service requirements, court-ordered alcohol screening assessments, and mandatory attendance at state-certified driver safety education seminars.