One issue that arises for defendants who are charged with a DUI is should I go to rehab? Specifically, is it in my legal interest to enter rehab if I have been charged with a DUI? drugged driving This blog will address that very question, however it is important to note that we are only accessing the legal benefits of rehab, not the obvious personal benefits which can come from attending a rehab facility. Rehab can be a life changing event physically, mentally and spiritually. It is highly recommended that any individual that believes that they might have a problem with either alcohol or drugs should attend rehab. An issue that Pennsylvania courts have been struggling with is when should a defendant get credit for prison time when he is not in prison. The statute dealing with this question (section 9760) states that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. The issue that arises in courts is can a defendant be in custody even if he is not in prison? Courts have interpreted the word ‘custody, to mean time spent in an institutional setting such as an inpatient or rehabilitation treatment facility.
In DUI cases, when defendants ask should I go to rehab? They also ask when considering whether to go to rehab, does it matter whether the court orders me to go to rehab or I go voluntarily? Defending DUI cases The Pennsylvania courts have ruled that defendants that do not voluntarily admit themselves to an alcohol treatment facility and are forced to go as a condition of bail are entitled to credit for the time they spent in rehab towards their prison sentence. Additionally, Pennsylvania courts have also found that a defendant might be entitled to credit for time that he went to rehab “Conahan credit”, but that decision was within the trial court’s discretion. Make sure to contact an experienced Chester County DUI lawyer if you are not sure whether you should be entitled to credit for time that you may have spent in rehab.