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Base434 said... (original post) I am a bit concerned if he doesn't in fact have his license (was it previously suspended for DUI?) because w a second offense my understanding is t... show more He is charged under subsection (a) of Driving Under Suspension, which indicates that his license was not suspended due to a previous DUI. If it was suspended from a previous DUI, he would've been charged under subsection (b). The mandatory minimum sentence for a first DUI in PA is 72 hours in jail (for a second offense with that BAC, it would be 90 days, not 180). If he is offered ARD (at the discretion of the DA), he won't get any jail time.