I am reading the changes to 42 Pa.C.S.A. 9763, Pennsylvania’s new DUI law. Mandatory minimum sentences are now mandatory sentences! Mandatory house arrest/work release/rehab? The DUI sentencing law seems almost eviscerated. It also seems to conflict with the 3806 sentencing law.
42 Pa. C.S.A. § 9763(c) Restrictive DUI probation conditions.–
(1) Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs) may only have probation imposed after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).
(2) If the defendant is determined to be in need of drug and alcohol treatment, the defendant may only have probation that includes participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). The defendant shall have restrictive DUI probation conditions of:
(i) a residential inpatient program or a residential rehabilitative center;
(ii) house arrest with electronic surveillance;
(iii) a partial confinement program such as work release, work camp and halfway facility; or
(iv) any combination of the programs set forth in this paragraph.
(3) If the defendant is determined not to be in need of drug and alcohol treatment, the defendant shall have restrictive DUI probation conditions of:
(i) house arrest with electronic surveillance;
(ii) partial confinement programs such as work release, work camps and halfway facilities; or
(iii) any combination of the programs set forth in this paragraph.
(4) If the defendant is determined to be in need of additional treatment under 75 Pa.C.S. § 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum.
42 Pa. Stat. and Cons. Stat. Ann. § 9763 (West)
If you get caught driving for a 2nd time while your license is suspended, DUI related, the penalties are
(ii) A second violation of this paragraph shall constitute a summary offense and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for not less than 90 days.
(iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the third degree and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.
§ 3735.1. Aggravated assault by vehicle while driving under the influence.
(a.1) Sentencing.–In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) and a violation of section 1501 (relating to drivers required to be licensed) or 1543 (relating to driving while operating privilege is suspended or revoked) when committed at the same time and place may be sentenced to an additional term not to exceed two years’ confinement.
§ 3742.1. Accidents involving death or personal injury while not properly licensed.
(a) Offense defined.–A person whose operating privilege was disqualified, canceled, recalled, revoked or suspended and not restored or who does not hold a valid driver’s license and applicable endorsements for the type and class of vehicle being operated commits an offense under this section if the person was the driver of any vehicle and [caused an accident resulting in injury or death of any person.]:
(1) caused an accident resulting in injury or death of a person; or
(2) acted with negligence that contributed to causing the accident resulting in injury or death of a person.
(b) Penalties.–
(1) Except as otherwise provided in this section, any person violating subsection [(a)] (a)(1) commits a misdemeanor of the second degree.
(2) If the victim suffers serious bodily injury or death, any person violating subsection [(a)] (a)(1) commits a felony of the third degree.
(2.1) A person violating subsection (a)(2) resulting in the serious bodily injury of a person commits a misdemeanor of the third degree.
(2.2) A person violating subsection (a)(2) resulting in the death of a person commits a misdemeanor of the second degree.
