§ 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(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 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.; July 20, 2026, P.L.436, No.36, eff. imd.)
2026 Amendment. Act 36 amended subsec. (c)(2).
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.
Notes of Decisions
Cited in
126
cases (
27 in the last 5 years), 2005–2025 · leading case:
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
· cites it 7× “§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
Commonwealth v. Grow, 122 A.3d 425 (Pa. Super. Ct. 2015).
· cites it 10× “2013), in which we interpreted 75 Pa.C.S. § 3803 as providing a six-month maximum sentence for second DUI offenses with refusal to submit to chemical testing.”
Commonwealth v. Concordia, 97 A.3d 366 (Pa. Super. Ct. 2014).
· cites it 4× “The Musau Court reached its result by finding a conflict between 75 Pa.C.S. § 3803(a)(1) and § 3803(b)(4).”
Commonwealth v. Haag, 981 A.2d 902 (Pa. 2009).
· cites it 4× “offense should be considered as two separate offenses for purposes of grading under 75 Pa.C.S. § 3803. Commonwealth v. Haag, 1827 MDA 2006, 951 A.”
Commonwealth v. Monarch, 200 A.3d 51 (Pa. 2019).
· cites it 3× “Based on the jury's finding appellant refused to submit to a blood test and his prior convictions for DUI, the gradation of appellant's DUI conviction was increased pursuant to the former 75 Pa.C.S. § 3803(b)(4), 2 and he *54 became subject to a mandatory minimum term of one…”
Commonwealth v. Musau, 69 A.3d 754 (Pa. Super. Ct. 2013).
· cites it 3× “75 Pa.C.S. § 3803. The statutory maximum sentence for misdemeanors of the first degree is five years’ imprisonment.”
Zedonis v. Lynch, 233 F. Supp. 3d 417 (M.D. Pa. 2017).
· cites it 2× “1 at 3); see 75 Pa. Cons. Stat. § 3803 (b)(4). Such an offense is punishable by an imprisonment term of up to five years.”
Raymond Holloway, Jr. v. Attorney Gen. United States, 948 F.3d 164 (3d Cir. 2020).
· cites it 2× “For example, an individual who commits a third DUI, none at the high or highest BAC, within a five-year period, is convicted of a second-degree misdemeanor under 75 Pa. Cons. Stat. Ann. § 3803(a)(2) and subject to up to two years’ imprisonment under 18 Pa.”
Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015).
· cites it 2× “75 Pa.C.S. § 3803(a)(1). However, “[a]n individual who violates section 3802(a)(1) where the individual refused testing of blood or breath .”
Commonwealth v. Wilson, 111 A.3d 747 (Pa. Super. Ct. 2015).
· cites it 8× “Consequently, I believe the Majority incorrectly compares subsections (b)(1) and (b)(5) of 75 Pa.C.S. § 3803 to determine which provision is specific and, therefore, controlling.”
75 Pa. Cons. Stat. § 3803(a): 12 cases
Commonwealth v. Grow, 122 A.3d 425 (Pa. Super. Ct. 2015).
“2013), in which we interpreted 75 Pa.C.S. § 3803 as providing a six-month maximum sentence for second DUI offenses with refusal to submit to chemical testing.”
Commonwealth v. Musau, 69 A.3d 754 (Pa. Super. Ct. 2013).
“75 Pa.C.S. § 3803. The statutory maximum sentence for misdemeanors of the first degree is five years’ imprisonment.”
75 Pa. Cons. Stat. § 3803(a)(1): 32 cases
Commonwealth v. Concordia, 97 A.3d 366 (Pa. Super. Ct. 2014).
“The Musau Court reached its result by finding a conflict between 75 Pa.C.S. § 3803(a)(1) and § 3803(b)(4).”
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015).
“75 Pa.C.S. § 3803(a)(1). However, “[a]n individual who violates section 3802(a)(1) where the individual refused testing of blood or breath .”
75 Pa. Cons. Stat. § 3803(a)(2): 7 cases
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
Raymond Holloway, Jr. v. Attorney Gen. United States, 948 F.3d 164 (3d Cir. 2020).
“For example, an individual who commits a third DUI, none at the high or highest BAC, within a five-year period, is convicted of a second-degree misdemeanor under 75 Pa. Cons. Stat. Ann. § 3803(a)(2) and subject to up to two years’ imprisonment under 18 Pa.”
75 Pa. Cons. Stat. § 3803(a)(3): 3 cases
75 Pa. Cons. Stat. § 3803(b): 6 cases
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
75 Pa. Cons. Stat. § 3803(b)(1): 5 cases
Commonwealth v. Haag, 981 A.2d 902 (Pa. 2009).
“offense should be considered as two separate offenses for purposes of grading under 75 Pa.C.S. § 3803. Commonwealth v. Haag, 1827 MDA 2006, 951 A.”
Commonwealth v. Wilson, 111 A.3d 747 (Pa. Super. Ct. 2015).
“Consequently, I believe the Majority incorrectly compares subsections (b)(1) and (b)(5) of 75 Pa.C.S. § 3803 to determine which provision is specific and, therefore, controlling.”
75 Pa. Cons. Stat. § 3803(b)(2): 10 cases
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
Commonwealth v. Haag, 981 A.2d 902 (Pa. 2009).
“offense should be considered as two separate offenses for purposes of grading under 75 Pa.C.S. § 3803. Commonwealth v. Haag, 1827 MDA 2006, 951 A.”
75 Pa. Cons. Stat. § 3803(b)(2)(4): 2 cases
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
75 Pa. Cons. Stat. § 3803(b)(3): 3 cases
75 Pa. Cons. Stat. § 3803(b)(4): 49 cases
Commonwealth v. Monarch, 200 A.3d 51 (Pa. 2019).
“Based on the jury's finding appellant refused to submit to a blood test and his prior convictions for DUI, the gradation of appellant's DUI conviction was increased pursuant to the former 75 Pa.C.S. § 3803(b)(4), 2 and he *54 became subject to a mandatory minimum term of one…”
Commonwealth v. Concordia, 97 A.3d 366 (Pa. Super. Ct. 2014).
“The Musau Court reached its result by finding a conflict between 75 Pa.C.S. § 3803(a)(1) and § 3803(b)(4).”
Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. Ct. 2011).
“§ 3803(a)(2) with 75 Pa.C.S. § 3803(a)(1); see also 75 Pa.C.”
75 Pa. Cons. Stat. § 3803(b)(5): 5 cases
Commonwealth v. Wilson, 111 A.3d 747 (Pa. Super. Ct. 2015).
“Consequently, I believe the Majority incorrectly compares subsections (b)(1) and (b)(5) of 75 Pa.C.S. § 3803 to determine which provision is specific and, therefore, controlling.”
75 Pa. Cons. Stat. § 3803(c)(2)(i): 1 case
75 Pa. Cons. Stat. § 3803(d)(2): 1 case
75 Pa. Cons. Stat. § 3803(e): 1 case
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