DUI with a Child in the Car: A Serious Offense

dui with minorOf all the criminal laws in Pennsylvania, probably the mostly commonly charged offense is Driving Under the Influence (DUI). Unfortunately, it is also one of the most complex and constantly changing crimes that we deal with. There are a variety of situations that can occur with a DUI which is why it can be so complex. Here are two variations of a DUI with a minor in the car.

DIU with a Minor – Passenger under 18 years old

One of the most important recent additions to the DUI statutes addresses the situation in which a driver is

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charged with DUI while carrying a minor passenger in the car. Under the new law, a driver charged with DUI who has a passenger under the age of 18 years old will face an additional offense graded as a Misdemeanor of the 1st Degree, which is punishable by up to five (5) years in prison, on top of the DUI charge.

Like DUI, this new offense carries escalating penalties that increase with every subsequent conviction, and which will be imposed in addition to (not in place of) the ordinary DUI penalties.

1st Offense:

Mandatory fine of $1000.00 and 100 hours of community service

2nd Offense:

Carries a $2500.00 fine and a minimum of 30 days in jail,

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and any subsequent offense will result in a mandatory 6 month imprisonment.

DIU with a Minor – Passenger under 14 years old

In addition to this new offense, DUI offenders with passengers under 14

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years old are not eligible for the Accelerated Rehabilitative Disposition (ARD) program, and therefore cannot seek to have their records expunged.

Persons charged with DUI who have children in the car are also likely to face further prosecution for other offenses, such as Endangering the Welfare of a Child and Recklessly Endangering Another Person, both of which may result in fines, probation or imprisonment on top of the DUI penalty.

Just these two variations along with the range of penalties is why it is important to seek proper counsel should you or a loved one find yourself in this situation. Trust knowledgeable attorney who is experienced with the ever-changing DUI laws and defenses.

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