Getting a DUI with children in the vehicle

If you receive a DUI with a child in the vehicle Pennsylvania increases the punishment for the DUI offense substantially. For this section of the DUI statute a minor/child is defined as anyone under the age of 18. If this is your first or second DUI charge then the charge is automatically increased to the highest tier and the grading is increased to an Misdemeanor 1. This means that your maximum penalties are increased to a possible 5 year jail sentence. If it is your third or subsequent DUI then the charge is graded as a Felony 3 which means that maximum possible sentence is increased to 7 years.

If it is the first time you are convicted for a DUI with a minor occupant the mandatory fine is increased to $1000 and your community service hours are increased to 100 hours. If you are convicted of a second DUI with a minor occupant the mandatory fine is increased to $2500 and the mandatory jail is increased to at least one month but not more then six months. For a third or subsequent conviction of a DUI with a minor the jail time is increased to not less then six months but not more then two years. This is all inaddition to your mandatory minimum sentences that could occur based on your BAC level. For more specific information about possible punishments for DUI tiers and number of offenses please see the chart provided under our resource tab. resources pageIn addition to the increased DUI penalties you could also face additional criminal charges such as Reckless Endangerment of Another Person, graded as a Misdemeanor 2, punishable up to two years. Or, Endangering the Welfare of a Child, which could be graded anywhere from a Misdemeanor 1 to a Felony 2, which is punishable up to 10 years and a $25,000 fine. These additional charges can be charged for each child in the vehicle with you at the time of the DUI. This means that the penalties can escalate very quickly when children are in the vehicle with you when you are stopped and charged with a DUI.