If you are under the age of 21 and are charged with a DUI, not only will you be charged with a DUI offense, you will typically also be charged with possession of alcohol and possible charges for attempting to purchase alcohol which all include additional license suspension. With most individuals under the age of 21, it’s usually their first offense, so they could enter into some type of court program. However, license suspensions will still affect them especially if they are charged with the attempt to purchase or possession of alcohol where they will receive an additional license; that’s beyond what the DUI could suspend their license for.
What If Someone Is Arrested With A Minor In The Car While Being DUI?
If you are arrested for a DUI and you have a child under the age of 12 in the vehicle, you will receive an additional charge known as endangering the welfare of a child. This charge is a misdemeanor of the first degree, which means it’s the most serious misdemeanor offense. It can be punishable up to 5 years of incarceration. This particular offense also removes you from a lot of court programs that could minimize or eliminate the DUI charge. So not only would you be facing the DUI, but you’re also going to be facing the additional charge of endangering the welfare of a child, which is much more serious of an offense than the DUI itself, even though the DUI is quite serious because it carries the license suspension and mandatory jail sentence.
What Happens If Someone Has An Out Of State Driver’s License?
For individuals who do not have a Pennsylvania driver’s license, they need to be very careful when they receive a DUI in the state of Pennsylvania. What happens is Pennsylvania cannot suspend an out of state license but what they can do is they can suspend you from driving in the state of Pennsylvania. So what you will do for Pennsylvania Department of Transportation is you will fill out a form that says, “I acknowledge my suspension in the state of Pennsylvania.” That form will get sent into PENNDOT and they will hold on to that form until your suspension is up, you pay the restoration fee, complete any other elements that they have you to complete to restore your license in the state of Pennsylvania, and then you’ll be free to drive again in the state of Pennsylvania.
However, if your home state where your license is issued from finds out about any suspension in the state of Pennsylvania, they could also suspend your license in that state as well. Pennsylvania can only suspend you in the state of Pennsylvania but they had issued the license which is typically your home state, they can actually suspend your license for an offense that you committed in the state of Pennsylvania. Now, the length of that suspension is dependent on their own laws in that particular state, so they could suspend you for the same amount of time as Pennsylvania or they could actually suspend you for a longer period of time depending on the laws in your home state.
What Can Be Accompanying Charges With A DUI Charge?
One of the more serious charges that can accompany a DUI charge is under Title 75, section 3732.1, aggravated assault by vehicle. This offense describes any person who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of any law of this commonwealth or municipal ordinance applying to the operator for use of a vehicle or regulation of traffic, except under section 3802 (relating to driving under the influence of alcohol or controlled substance), is guilty of aggravated assault by vehicle, a felony of a third degree when the violation is the cause of the injury.
This particular charge is a felony of the third degree which carries a maximum sentence of 7 years and a maximum fine of $15,000. Another offense that is typically charged in addition to the aggravated assault by vehicle is aggravated assault by vehicle while DUI. This is title 75, section 3735.1, and this offense is defined as any person who negligently causes serious bodily injury to another person as a result of a violation of section 3802 relating to driving under the influence of alcohol or controlled substance who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.
This is almost the same exact charge as the aggravated assault by vehicle. However, this is the one where the DUI is related and they might also prove the DUI offense with this offense to attach. If they are not able to prove the DUI, then this offense would not attach because you must be convicted of the DUI for this particular offense. Otherwise, the district attorney’s office will fall back on the aggravated assault by vehicle charge. The aggravated assault by vehicle while DUI is a felony which is punishable up to 10 years in prison and a maximum fine of $25,000. The other combination of charges like this are vehicular homicide which is title 75, section 3732, and that offense is defined as any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of the commonwealth or a municipal ordinance applying to the operator or use of a vehicle or to regulation of traffic except section 3802 relating to driving under the influence of alcohol or controlled substance is guilty of homicide by vehicle, a felony of the third degree when the violation is the cause of the death.
This has a lot of the same language as the aggravated assault by vehicle laws, the main difference being death, of course. However, it works the same way as the aggravated assault in that the District Attorney’s office will tether this to the other charge making it vehicular homicide with DUI. Specifically Title 75, section 3735 is defined as any person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating sections 3802, commits a felony of the second degree when the violation is the cause of death. The sentencing court shall order the person to serve a minimum term of imprisonment of not less than 3 years and a consecutive 3 year term of imprisonment shall be imposed for each victim whose death is a result of the violation of section 3802.
The offense of vehicular homicide without a DUI is a felony of the third degree, which again the maximum is 7 years’ incarceration and a maximum fine of $15,000. When the DUI gets mixed in, then it becomes a felony of the second degree which has the maximum of 10 years and the maximum fine of $25,000. It also has a mandatory minimum term of imprisonment of 3 years for death caused by the DUI. Now, again, for this particular charge to stick, they must convict you of a DUI offense. If the DUI is not charged or you are not convicted of the DUI, you cannot be found guilty of this offense.
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