Classifed by PA as a felony 2, punishable by up to 10 years in jail and a maximum fine of $25,000. An additional two years jail time can be requested by the District Attorney for texting while driving, failure to yield to an emergency vehicle, failure to move for emergency vehicles, or if the offense is committed in an active work zone. The District Attorney can also ask for an additional two years of incarceration if you are not properly licensed at the time of the offense.
To prove this offense the Commonwealth must show that you acted recklessly or with gross negligence, and caused Serious Bodily Injury (SBI) to another person as a result of you operating a vehicle while committing the offense of Driving Under the Influence (DUI). ‘Serious bodily injury’ is defined as “bodily injury which creates a substantial risk of death or cause serious permanent disfigurement or long lasting loss or impairment of the function of any bodily part or organ”.