Pennsylvania Adds New Section and Punishment when DUI with a minor in the vehicle

THE NEW 75 Pa.C.S.A. § 3803(b)(5), adopted May 8, effective in 60 days, provides:

(5) An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle when the violation occurred commits a misdemeanor of the first degree.

The penalty appears in 75 Pa.C.S.A. § 3804(c.1), adopted May 8, 2012, effective in 60 days:

(c.1) Violation involving minor occupant.--An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows:

(1) For a first offense, to:

(i) pay a fine of not less than $1,000; and

(ii) complete 100 hours of community service.

(2) For a second offense, to:

(i) pay a fine of not less than $2,500; and

(ii) undergo imprisonment of not less than one month nor more than six months.

(3) For a third or subsequent offense, undergo imprisonment of not less than six months nor more than two years.