Legal Updates

Mandatory Minimum Sentences For DUI Convictions (PA)

The following are some mandatory minimum sentences for more serious violations of Pennsylvania’s Motor Vehicle Code.  Some mandatory minimum sentences can be re-negotiated or beaten.  Recent case law has also called into question the constitutionality of mandatory minimum sentencing.  It is important that you speak with a lawyer if facing any of the following criminal charges.  This list is provided for mere informational purposes.  For more information call a Philadelphia criminal defense attorney at (267) 535-9776.

Driving while operating privilege is suspended or revoked, DUI 

  • 60 days unless imbibing;
  • 1st offense – 90 days
  • 2nd offense – 6 months
  • 3rd offense – 2 years

Homicide by vehicle while DUI

  • 3 years
  • Consecutive 3 years for each victim

Accidents involving death or personal injury;
leaving scene of an accident.

  • Victim suffers Serious Bodily Injury  – 90 Days
  • Victim dies – 1 year imprisonment

DUI (Lowest Tier / Based on Blood Alcohol Content)

  • 1st conviction – 6 months probation
  • 2nd conviction – 5 days 
  • 3rd+ conviction – 10 days 

DUI (Middle Tier)

  • 1st conviction – 48 hours
  • 2nd conviction – 30 days
  • 3rd conviction – 90 days
  • 4th+ conviction – 1 year

DUI (Highest Tier / controlled substances)

  • 1st conviction – 72 hours
  • 2nd conviction – 90 days
  • 3rd conviction – 1 year

Remember, a mandatory minimum sentence only applies if your are found guilty.

Source: Pennsylvania Commission on Sentencing