DUI Attorney In Chester County, PA
If you are convicted of a DUI that comes with a mandatory minimum jail sentence in Pennsylvania, you might be able to avoid some of the jail time through the restrictive probation program. This program gives the court the power to modify your sentence’s terms to allow a portion of the time to be served in home detention or residential treatment instead of the jail.
If you are approved for the restrictive probation program, you will have to follow the terms and conditions of your probation or risk spending time in jail. Your attorney at DiCindio Law can help you understand what this program and entails and assist you with the application process.
What Is The Restrictive Probation Program?
Judges have the discretion to modify the sentences of eligible people who would otherwise have to serve a term of incarceration by sentencing them to restrictive probationary terms. The restrictive probation program or RPP is a sentencing alternative that is offered in Chester County for eligible people who apply with the Probation and Parole Department.
The application must be filed no later than 30 days before the sentencing date. Since first-offense general impairment DUI offenses do not come with a mandatory minimum jail sentence, they are not eligible for the RPP. However, DUI offenses at the high and highest BAC levels might be eligible. People with second or third DUI offenses may also be eligible, depending on their backgrounds.
Eligibility For The RPP
In general, people must not have any history of violence. They must also be people who would otherwise face jail sentences as a part of their sentences for their DUI convictions.
You will not be eligible for RPP if your DUI caused someone else to be seriously injured. You will likewise be ineligible if you were convicted of driving drunk with a minor in your vehicle. You will also not be eligible if you have violated parole or probation in the past unless your parole violation was related to a substantial substance abuse issue that requires treatment through the prison recovery program.
Applying To The RPP
If you are otherwise eligible for the restrictive probation program, you will need to make sure that your application is submitted no later than 30 days before your sentencing date. You must also first complete a drug and alcohol assessment, and it must be submitted together with your application. The drug and alcohol assessment must be completed by a licensed treatment facility through the Pennsylvania Department of Health.
For DUI cases, this evaluation must be completed by the Court Reporting Network through the Chester County DUI program. You will also need to schedule your Alcohol Highway Safety School and pay for it. A copy of the criminal complaint and affidavit in your case must also be attached. You will also need to identify a community service site and have it approved by the Probation Department.
Requirements Of The RPP
If you are approved for the restrictive probation program, your jail sentence may be reduced or eliminated, depending on the number of prior offenses and your BAC level. If it is your first offense of a high BAC DUI, your 48-hour mandatory minimum jail sentence will be eliminated.
However, you will be required to spend 10 days on home confinement or in residential treatment, complete a minimum of 30 hours of community service, spend six months on restrictive probation, and pay a fine of at least $500.
Jail sentences for the highest BAC DUIs for a first offense will be reduced from 72 hours to 24 hours. You will also have to pay a minimum fine of $1,000, serve 10 days in home confinement or residential treatment, complete at least 30 hours of community service, and serve up to the statutory maximum term of restrictive probation.
Second-offense DUI convictions at each level each bring a reduced jail sentence if you are placed in the restrictive probation program. However, the periods of home confinement or residential treatment will be longer, the fines will be higher, and the required community service hours will be greater.
If you are given home detention, you will only be allowed to leave your home to go to work, complete court-ordered conditions, and see your doctor. You will have to report to the probation department once per week and will have to pay weekly monitoring fees of $70 per week. You will also be expected to comply with any treatment recommendations from your drug and alcohol evaluation.
Talk To An Experienced Attorney In Chester County, PA
If you have been convicted of a DUI and believe that you might be eligible for RPP, it is important for you to understand that acceptance to the program is not guaranteed. The court has the discretion to place you in the RPP program or to impose at least the mandatory minimum jail sentence and other penalties.