You and your 14-year-old son are driving home after a summer carnival when you see the red and blue lights flashing behind you. The officer tells you that he suspects you have been drinking and he cites you for Driving While Intoxicated with a minor passenger in the vehicle.
According to the Pennsylvania Motor Vehicle Code Section 3803(b)(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 (i) A misdemeanor of the first degree if the individual has no more than one prior offense or (ii) A felony of the third degree if the individual has two or more prior offenses.”
Penalties for DWI with a minor passenger
The penalties for drunk driving are tough. A first or second offense will land you in jail for up to five years with a fine of $10,000. A third or subsequent offense will land you in jail for up to seven years with a fine of $15,000.
Being cited for DWI with a minor passenger in your car comes with the following additional penalties:
- First offense: 100 hours of community service and a fine of $1,000.
- Second offense: 30 days in jail with the possible addition of up to six months in jail and a fine of $2,500.
- Third (or subsequent) offense: six months to two years in jail.
Clearly, the Pennsylvania judicial system takes drunk driving very seriously. If you have been charged with driving while intoxicated with a minor passenger in the car, seek help with the process. You may be able to fight the charges with the right defense.