Legal Question in DUI Law in Pennsylvania

Re: underage dui

The maximum penalty is as listed by the other answers. Minors (less than 21years of age), as defined in the DUI law, have a BAC limit of .02. Underage DUI bring about many factual questions concerning "incapable of safe driving" and the error rate and accuracy of the blood or breath test conducted.

If your son has not been in any trouble before, you will have to balance the cost/benefit of fighting the DUI or participating in a pretrial diversionary program like ARD. You should seek the advice of an experienced criminal defense attorney, someone who is in the criminal courts every day. There is no substitute for "shopping around" for a lawyer that you like and trust will give you great, accurate advice.

Re: underage dui

That is not correct. The answer Atty. Gibson gave was for someone over 21 with a .095 BAC.

If under 21, it's a 12 month license suspension, 72 hours to 6 months in jail, and $1000 to $5000 fine. All of these are mandatory. If it's his first offense, he could be eligible for ARD, which is a probationary period after which the charge would be dropped. If he is eligible for this, he could get only a 60 day suspension.

Re: underage dui

A mandatory minimum term of six months' probation; a fine of $ 300, attend an alcohol highway safety school approved by the department; and comply with all drug and alcohol treatment requirements imposed relating to drug and alcohol assessments for the DUI.

However, he will almost certainly be charged with underage drinking which is a mandatory $300 fine and a 90 day suspension of his driver's license.