- The first change amended the language that controls the maximum punishment for a second-offense DUI where the driver refuses to submit to chemical testing. Until the recent amendment, the statute provided a maximum period of incarceration of six (6) months, although the crime was graded as a Misdemeanor of the First Degree, which typically carries a maximum period of incarceration of five (5) years. The law was changed to bring this Misdemeanor of the First Degree into line with others, and now provides a five (5) year exposure.
On May 8, 2012, a new section was added to the Pennsylvania DUI Law. The
new section will become effective on July 6, 2012. As most people know, DUI Laws in
Pennsylvania are based upon a graduated penalty system. Under this system, the penalties
increase based upon the number of prior DUI’s and the level of alcohol or amount of drugs
found in the driver’s blood. This month the Legislature has increased the penalties based
upon another factor: the age of an occupant in the vehicle. …Read more