Authorities are strengthening their efforts to stop drivers from operating vehicles while intoxicated. All 50 states now charge motorists with driving under the influence (DUI) if their blood alcohol concentration exceeds the 0.08% limit. Across the U.S., roughly one of every three traffic fatalities involves a drunk driver.
Data from the Pennsylvania DUI Association indicates there were 293 alcohol-related fatalities statewide in 2017. An estimated 28 traffic crashes occur each day related to alcohol consumption. Here in Berks County in 2018, there were more than 90 arrests for DUI.
Alcohol Safety School
Berks County has established an array of programs for DUI offenders. All offenders are typically required to attend classes at the Adult Probation and Parole Office. Attendees are educated on drug and alcohol dependency and the dangers associated with operating a vehicle while intoxicated.
Intermediate Punishment (IP) Sentencing
If the Berks County District Attorney and Adult Probation Office determine it is appropriate, those convicted of DUI and/or operating a vehicle while their driver's license is suspended may have an IP sentence. The IP sentencing period spans 90 days. It includes five days in jail and 85 days of electronically-monitored house arrest. Offenders also must complete 16 hours of community service and may be required to complete a treatment program for drugs and/or alcohol.
Accelerated Rehabilitative Disposition (ARD) Program for DUI Offenders
Some DUI offenders may qualify for the ARD program, which is considered a diversionary or alternative sentence. The program is for first-time DUI offenders without a prior criminal record. Those wishing to apply must do so in their preliminary hearing and the Adult Probation Office then determines whether applicants are accepted into the program.
The ARD program involves one-year of probation served in place of the minimum required jail time. Participants must pay all fines and court costs, attend the Alcohol Safety School, and undergo a drug and alcohol assessment. Those who complete the program are eligible to have their DUI expunged.
Berks County DUI Treatment Court for Violators of Probation
The DUI Treatment Court is a voluntary “post-adjudication” program, meaning it is designed for those already convicted of DUI. This is an option for those on probation that have violated the conditions of the supervision. The program goals are to promote a sober lifestyle, reduce the inmate population, and reduce costs.
Modification or Revocation of Order of Probation (§9771)
Courts may reduce, increase, or terminate the terms of a probation order. Probation may be revoked when the conditions are violated. The court may then consider the original sentencing options for the offense. A violator of probation may be jailed under these circumstances:
- The defendant is guilty of another crime
- The defendant's conduct suggests he will re-offend
- A sentence is otherwise critical to maintaining the court's authority
The defendant is generally arrested and brought for a violation hearing within two business days. The court may impose sanctions that involve incarceration as follows:
|
First Violation |
Three days |
|
Second Violation |
Seven days |
|
Third Violation |
Fourteen days |
|
Fourth Violation |
Twenty-one days |
Common Probation Violations
DUI offenders are typically tested for use of drugs and alcohol during their probation and a positive test result is a clear violation. Offenders who demonstrate a pattern of failing to attend their required alcohol or drug treatment programs are likely to face sanctions. Those who are found to have committed another crime are also certain to face consequences.
Criminal Defense Lawyer for Probation Violations
The courts across Pennsylvania tend to impose harsh penalties for those who violate the terms of their probation. The LLF Law Firm Criminal Defense Team has a firm understanding of how to best minimize the potential subsequent penalties. Contact the office today for a consultation at (888) 535-3686.
