Minors must also beware of Section 3803(b)(5), driving while DUI with another Minor on the vehicle.
This increases the penalty from an ungraded misdemeanor to a Misdemeanor of the First Degree.
Under Section 3804(c.1)
Violation involving minor occupant. — An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows:
• (1) For a first offense, to:
o (i) pay a fine of not less than $ 1,000; and
o (ii) complete 100 hours of community service.
• (2) For a second offense, to:
o (i) pay a fine of not less than $ 2,500; and
o (ii) undergo imprisonment of not less than one month nor more than six months.
• (3) For a third or subsequent offense, undergo imprisonment of not less than six months nor more than two years.
Minors are also restricted from being in possession of any alcohol while driving.
An individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.
See Section 3809.