Aggravated DUI Cases
  1. Class of Driver

    As noted above, the penalties can be increased depending on a driver’s status. Drivers under 21 years old, and school bus drivers and commercial truck drivers face more sever DUI penalties. They are subject to at least the middle tier of DUI penalties and increased license suspensions.

  2. Refusal

    As explained above, DUI refusals are penalized at the highest DUI tier and include additional license suspensions.

  3. DUI with Minor Passenger(s)

    DUI with a passenger under 18 years old are graded as misdemeanors of the first degree. Accordingly, they have a five (5) year maximum, an OGS of 5, and include an 18-month license suspension. They also face increased fines.

    Further, these cases often include additional charges such as Endangering the Welfare of a Child and/or Recklessly Endangering Another Person. 

  4. DUI with Property Damage

    DUI convictions that involve a crash with any property damage are subject to at least the middle tier of DUI penalties.

  5. DUI Accidents with Injuries

    DUI convictions that include a crash with bodily injury, serious bodily injury or death of any person are graded as (at least) a misdemeanor of the first degree.

  6. Aggravated Assault by Vehicle while DUI

    A DUI that results in serious bodily injury to another person, as the result of the DUI, may be charged with Aggravated Assault by Vehicle while DUI, which is graded as a felony of the second degree.

  7. Homicide by Vehicle while DUI

    A DUI that causes a death is graded as a felony of the second degree when the violation is the cause of death. There is a three (3) year mandatory minimum sentence for each death caused by the DUI. This means that a consecutive three-year term of imprisonment must be imposed for each victim whose death is the result of the DUI violation.

  8. Fleeing or Eluding while DUI

    Fleeing or attempting to elude an officer while DUI is graded as a felony of the third degree.

  9. DUI Offenders with Elevated PRS

    As discussed above, a DUI offender with a high PRS may face a term of imprisonment greater than the mandatory minimum DUI penalty. 

2 Public Square, Wilkes-Barre, PA 18701

reception@lampmanlaw.com  |   570-371-3737

Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

Prior results do not guarantee a similar outcome. The information on this site is not, nor is it intended to be, legal advice. Do not rely on it for accuracy or direction. You should consult an attorney for advice concerning your individual situation because every case is different. Further, contacting us does not create an attorney-client relationship. Do not send confidential information to us until an attorney-client relationship has been established.

© 2020 by Lampman Law. All Rights Reserved.