As of April of this year, Chester County changed portions of its Intermediate Punishment Program (IPP). One of the most significant changes that occurred is that those individuals who have been charged with their 3rd Driving Under the Influence (DUI) within ten years and who have a B.A.C. of .16 or higher or who have refused testing are no longer eligible for IPP in Chester County.
Prior to this change, an individual who fell into the category would receive an IPP sentence of 90 days total confinement, followed by 90 days partial confinement (work release), followed by 180 days on electronic home confinement. In most cases, this sentencing scheme offers a tremendous break to individuals in the 3rd offense highest tier category who would ordinarily be facing a sentence of at least one year in state prison.
Although these individuals are no longer accepted into IPP, they may however be accepted into Recovery Court (a.k.a. Restrictive Intermediate Punishment or "R.I.P."). If an individual meets the essential elements for Recovery Court eligibility, he can receive a sentence of 90 days total confinement followed by 275 days of electronic home confinement. Obviously this change reduces the amount of confinement a person must serve and increases his time on EHC.
If you or a loved one has been charged with DUI, contact the experienced and aggressive attorneys at the Kelly Law Firm.