Are 2nd offense highest BAC (level 2) for DUI Court considered sentencing Level 3?
If an offender is facing a second offense DUI within 10 years and falls under the highest rate of alcohol tier, the offender is facing a 90 day mandatory minimum term of confinement. This is automatically considered a level 3 offender under the sentencing guidelines (never a level 2). Since December 5, 2005, the sentencing guidelines include in level 3, any offense for which a mandatory minimum sentence of less than 12 months applies and for which CIP is authorized by statute (this includes DUI). (For additional clarification, contact the PA Commission on Sentencing at 717-772-4122).
