Do I face more severe penalties for having a child in my vehicle while driving under the influence?

DUI With Minor Passenger Increases Sentence Severity

A person convicted of DUI in Pennsylvania faces severe mandatory minimum sentences that often include jail time, fines, and license suspensions. Pennsylvania increases those mandatory sentences if a passenger in the vehicle was under 18. Even for a first offense, the grading for the DUI charge is increased for a 1st degree misdemeanor, which carries a maximum sentence of 5 years in jail and a $10,000.00 fine. The charge is also severe enough that it would trigger a Federal firearm prohibition, meaning a person would not be able to possess or purchase a firearm for life.

A first offense of DUI with a minor passenger results in a mandatory minimum sentence that includes a $1,000.00 fine and 100 hours of community service. For a second offense, the mandatory fine increases to $2,500.00 fine, and the person must be sentenced to at least one month in jail.  For a third and subsequent conviction, the mandatory jail time increases to six months.

ARD Eligiblity for DUI

Many first time DUI offenders are eligible to participate in a pretrial diversionary program called Accelerated Rehabilitative Disposition (ARD) that allow a person to avoid a conviction and have the DUI charges dismissed and expunged upon completion of the program.  A person is not eligible for ARD if a passenger in the vehicle was under 14 years old at the time of the incident.  A person charged with a first-offense DUI does not have a right to participate in ARD. While a person is eligible for ARD if they have a minor passenger in the car, a district attorney still has the discretion to deny ARD in such a situation, and there really is not appeal process if the district attorney denies ARD.

There are many defenses available in cases involving DUI charges. The key is to have an attorney on your side who knows how to find them. Call (814) 689-9139 or email us to schedule a free initial consultation with an experienced State College DUI lawyer at JD Law.