Driving Under the Influence is the most common crime we experience in Lebanon County.
To address the increasing rate of DUIs, Lebanon County adopted the use of a specialty court program, DUI Court.
DUI court offers intensified reporting, case management, and substance abuse treatment requirements. Focusing more on restorative than retributive justice, DUI court creates a supportive environment that encourages participants towards positive outcomes.
Because the state law Act 24 mandates that a first time offense driving with a .10% BAC, which is considered a high level of intoxication, receive a minimum confinement period of 48 hours, judges generally do not have the authority to avoid sentencing incarceration. However, exceptions exist for those who qualify to be adjudicated in the specialty court program, DUI Court.
The 204 Pa. Code § 303.15 and 204 Pa. Code § 303.10 - Offense Listings provide all the classifications for every offense in the PA State Code of Laws.
Reference the offense list to determine the Statutory Class, Offense Gravity Score, and the Prior Record Score Points
(The Cornell Law School offers an user-friendly database. Click here to go to it)
The guidelines show that a first time offense Driving Under the Influence (DUI), that involves a high rate of blood alcohol content (.10%), which is about 3-6 beers in the last hour for the average adult, has a statutory class of misdemeanor (M) an offense gravity score of 7. Many DUI offenses fall under Prior Offense Group (POG) 1. This is because POG 1 is comprised of the least offensive crimes. DUI crimes fall into higher level Prior Offense Groups when the offense amount increases, the substance is more dangerous (such as a schedule 1 drug), and if there is a minor occupant. To see the full range of POGs for DUIs refer to the Boating / Driving Under the Influence offense listing and OGS/POG assignments list.
Using the Matrix, you can determine the recommended sentence by selecting the Prior Record Score column and finding the PRS. In this scenario, the PRS is 0. So, now go to the Offense Gravity Score column and find the number 7, which is the OGS provided in the offense listing.
Act 24 mandates PA judges to sentence not less than 48 hours of confinement. For a first time DUI with a .10% BAC
So, a person with no prior record who has 3-5 beers at a party gets charged with a DUI with a blood alcohol content of .10% has a prior record score of 0 and falls into prior offense group 1.
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Although the sentencing guidelines indicate that probation up to 24 months is recommended for a general level 7 offense with 0 prior record, the statutory mandate supersedes the matrix recommendation. However, the judge may impose probation in addition to the 48 hours of confinement, and for those approved to have their case adjudicated in treatment court, they may be able to avoid jail time altogether. That is the purpose for specialty courts.
How Close Have you Been to a Night in Jail?
For the most part, judges in Pennsylvania have near total discretion over how they determine a sentence. While there is an intricate matrix providing guidelines, the law allows judges to make the final decision.
