DUI Sentencing Alternatives in Pennsylvania

December 30, 2010

The state of Pennsylvania takes drunk driving very seriously and has a set of very aggressive DUI laws to prove it. Pennsylvania has adopted a three-tier DUI penalty system that punishes drivers based on the amount of alcohol in their system at the time of arrest and the number of prior DUI convictions they have:
- General impairment DUI (.08 to .099% BAC)
- High BAC DUI (.10 to .159% BAC)
- Highest BAC DUI (.16% and higher BAC)

Under this system, a person convicted of a first time general impairment DUI can expect to receive up to six months probation and a $300 fine. The individual also will have to attend an alcohol highway safety school and may be ordered by the judge to complete an alcohol treatment program.

In comparison, a person receiving a first time conviction with a BAC between .10 and .159 can expect much serious penalties, including a 12 month driver's license suspension, a minimum of 48 hours in jail and a minimum $500 fine. Those convicted of their first DUI with BAC readings of .16 or greater also can expect a 12 month driver's license suspension in addition to a minimum of 72 hours in jail and a minimum $1000 fine.

The penalties for second time offenders go up significantly, with those in the general impairment range (.08 to .099) receiving a one year license suspension, a minimum of 5 days in jail and a minimum $300 fine. Those receiving their second conviction for a highest BAC DUI (.16 and above) will lose their drivers' licenses for a year and a half, spend a minimum 90 days in jail and pay a minimum $1500 fine. All second time offenders, regardless of their BAC readings, also are required to install an ignition interlock device in their vehicles for one year following the original operating privilege suspension.

ARD and Other Sentencing Alternatives

In some cases, DUI offenders may be able to secure an alternative to what otherwise may be a period of incarceration in jail under Pennsylvania's DUI laws. The availability of these alternatives will be dependent on a number of factors, including the number of previous DUI convictions, the circumstances of the arrest, the prosecutor bringing the charges and the judge hearing the case. While it can be easier to secure an alternative sentence for first time offenders, sometimes they also may be available to those receiving a subsequent DUI conviction.

Some of the alternative DUI sentences available in Pennsylvania include:
- Alterative rehabilitative disposition (ARD): ARD is a pretrial diversion that is generally only available to first time, non-violent offenders. Thus, it is an option often available in first DUI prosecutions. The prosecutor has the discretion on whether or not an individual will be referred for participation in ARD. If chosen to participate, then the offender's prosecution is deferred while he or she participates in the program. The program may include several different requirements, including alcohol treatment, community service and safe driving classes. For ARD in DUI cases of the high and highest BAC levels, there is a required period of driviers license suspension of 30 or 60 days respectively. Successful completion of the program results in a dismissal of the criminal charges. He or she also may be able to have the DUI arrest expunged from their criminal record by virtue of completing the program and having the charges dismissed.
- House arrest and electronic monitoring: those who are not eligible for ARD may be able to complete their jail time at home. In some cases, DUI offenders may be sentenced to house arrest as an alternative to jail. To make sure that those on house arrest remain at home when they are supposed to be, they usually are required to wear an electronic monitoring device on their ankles. This device communicates with a receiver connected to a telephone line in the offender's home. The county probation office programs the device with the range of times that the offender is required to remain in the home. If the offender leaves the home during these times, the probation office will be notified by the device calling in an alert. Some Pennsylvania counties have a waiting list to get an electronic monitoring device. For example, in Allegheny County, there is a waiting list that can stretch into months. Some other counties, however, do not have waiting lists.
- Triple R-I program: the Recidivism Risk Reduction Incentive Program is a way of those who have been sentenced to a year or more in jail to reduce the amount of time they have to remain incarcerated. The program only is open to non-violent offenders who are addicted to drugs or alcohol. Additionally, there has to be sufficient evidence that their addiction was a prime motivating factor in the commission of the crime. Offenders in the Triple R-I program must participate in prison treatment programs and maintain good behavior. Those who successfully complete the program can be paroled before the expiration of the original minimum sentence under a formula determined by the RRRI law. Prisoners otherwise can only apply for parole at the expiration of their minimum sentence.

Other potential alternative sentences for DUI offenders include:
- Probation (for some first offenders)
- Community service
- Living at a half-way house
- Enrollment in an in-patient alcohol and substance abuse treatment program

If you have been arrested for your first, second or greater DUI offense, it is important to have an experienced DUI defense attorney help you defend against the charges. Depending on the circumstances of your case, alternative sentencing options to jail time may be available. These options can help you minimize the impact of a DUI conviction on your daily life. For more information, contact an experienced DUI lawyer today.

Article provided by Joyce & Bittner
Visit us at www.pacriminallaw.com