DUI Treatment Court is intended to divert matters away from trial. The goal is to promote public safety, to hold offenders accountable for their actions, and to help DUI offenders maintain sobriety and be responsible and productive members of society. The program is designed for repeat DUI offenders who are in need of alcohol and/or drug treatment. Potential participants in the program cannot have a related history of violent crimes. Ultimately, program participants serve reduced jail or prison time by attending extensive dependency / substance abuse treatment in addition to other program requirements.
To enter a DUI treatment program, the offender must plead guilty to be afforded consideration regarding their sentence. In doing so, a majority of a defendant’s mandatory jail or prison time is converted to house arrest. Treatment Court covers four phases over a twelve month period. Participants should be made aware that the process can be rigorous and should recognize this reality before applying to the program. Any missed treatment sessions or relapses will hinder the participant’s progression through the program requirements, which can in turn cause their participation in DUI Treatment Court to exceed the standard 12 month period.
The four phases of DUI Treatment Court are intended to help participants move forward towards sobriety. During DUI Treatment Court, defendants will be expected to: submit to mandatory drug and alcohol treatment; undergo regular urine testing / drug screening; meet with DUI case managers; and attend monthly progress listings before the supervising judge. When a participant fails to complete the mandated requirements, there will be consequences. Infractions of the program will result in the defendant receiving one of the program’s graduated sanctions. Sanctions include writing essays regarding the noncompliance, increased reporting requirements, and short jail stays.
If a defendant’s noncompliance becomes unacceptable, the participants can be removed from DUI Treatment Court. Because participants plead guilty to enter the program, participants who are terminated from DUI Treatment Court will be sentenced in accordance with the penalties they face if their DUI case was disposed of through standard means. After completing all four phases of DUI Treatment Court, defendants will graduate from the program and their probation is terminated.
Ignition Interlock Limited License
On August 25, 2017, many of the important features of the new Pennsylvania Ignition Interlock Limited License Law (2016 Act 33) went into effect. This law substantially changed the nature of many DUI-related license suspensions by enabling motorists to obtain an Ignition Interlock Limited License (an “IILL”) so that they can continue to drive.
An Ignition Interlock system is a device that is installed in a motor vehicle to prohibit an individual under the influence of alcohol from operating the vehicle. An individual is required to blow into the device before starting the vehicle. If the device detects alcohol, it will prevent the vehicle from starting. In addition, at periodic times during the operation of the vehicle, the individual will be prompted to blow into the device to ensure they are not under the influence. An Ignition Interlock system is leased from the Ignition Interlock vendor.
Prior to this new law, certain motorists could obtain an Occupational Limited License (an “OLL”). The OLL enabled people who qualified to drive so long as it was to or from work or for work-related purposes. This new law will eliminate the OLL for people with DUI-related license suspensions. Going forward, the Ignition Interlock Limited License will be the only way for people to avoid statutory DUI-related license suspensions.
Under Pennsylvania law, penalties for DUI offenses are based largely on a person’s blood alcohol content (“BAC”) at the time of the offense. The penalties are based on a three-tier system — the lowest tier is for those with a BAC of .08 to .099 percent, the middle tier is for those with a BAC of .10 to .159 percent, and the highest tier is for those with a BAC .16 percent and above.
The specific conditions of the Ignition Interlock Limited License — meaning when a person may qualify for the license and how long they must have the interlock system — is also based on the three-tier system.
Lowest Tier DUI Offenses – .08-.099% BAC (and “General Impairment” DUI)
- 1st Offense: No license suspension or ignition interlock requirement.
- 2nd Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL.
- 3rd or Subsequent Offense: 12 month suspension imposed, must serve 9 months of suspension before qualifying for IILL.
Middle Tier Offenses – .10-.159% BAC (and some Lower Tier DUIs with Accidents)
- 1st Offense: 12 month suspension with immediate eligibility for IILL
- 2nd Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL
- 3rd or Subsequent Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL
Highest Tier Offenses – .16+% BAC (and DUI with Drugs and DUI Refusals)
- 1st Offense: 18 month suspension with immediate eligibility for IILL
- 2nd Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL
- 3rd or Subsequent Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL
Chemical Test Refusals (DUI when the motorist “refuses” to take a blood/breath test)
- 1st Offense: 12 month suspension imposed, must serve 6 months of suspension before qualifying for IILL
- 2nd Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL
- 3rd or Subsequent Offense: 18 month suspension imposed, must serve 9 months of suspension before qualifying for IILL
To be eligible for an Ignition Interlock Limited License, an applicant must be suspended or revoked for a DUI occurring in Pennsylvania, or a similar offense in another state; or be suspended or revoked for refusing a chemical (blood/ breath) test; and provide proof to PennDOT that any vehicle the applicant intends to drive individual is equipped with an approved ignition interlock system.
To apply for an Ignition Interlock Limited License, an applicant must submit an application by certified mail with PennDOT including proof that ignition interlock equipment has been installed on all vehicles that the applicant will drive. The applicant must surrender his or her license (unless of course it has already been suspended), provide proof of insurance and pay an application fee of $65. After receiving the application, PennDOT has 20 days to issue the license or deny the application.
Not all will qualify under for the IILL. A person will NOT be eligible to obtain an Ignition Interlock Limited License if the applicant: was not previously licensed in Pennsylvania or any state; is required to take an driver’s examination; has his or her driving privileges cancelled, revoked or recalled; has an unsatisfied judgment as a result of a motor vehicle accident; intends to use the IILL for operating a commercial vehicle; is disqualified under the Commercial Motor Vehicle Safety Act or the Motor Carrier Safety Improvement Act; or is suspended for Homicide by Vehicle or Homicide by Vehicle DUI-Related.
Confidential Consultation
If you believe that you are under investigation, have been subpoenaed before a grand jury or arrested and charged with a crime, contact Neff & Sedacca, PC for a confidential consultation by phone at (215) 563-9800 or email at info@NeffSedacca.com.