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
