Chester County offers a sentencing alternative for DUI offenses known as the Intermediate Punishment Program or I.P.P. This program has a number of requirements which the applicant must complete in order to get I.P.P. consideration.
An individual with a CDL who is convicted of a first offense DUI will have that license suspended for one year. It does not matter whether the person was driving a commercial vehicle at the time of the DUI, only that the person had a valid CDL at the time of the offense and conviction. Even if the person enters the ARD program for a first offense DUI, that person will not be able to shorten the period of suspension for his CDL.
A D.U.I. checkpoint constitutes a seizure and is subject to a constitutional analysis. A checkpoint must meet five criteria in order for the checkpoint to be constitutional: 1. the vehicle stops must be brief and not involve a physical search; 2. there must be sufficient warning of the existence of the checkpoint; 3. the decision to conduct a checkpoint, as well as the time and location of the checkpoint, must be subject to prior administrative approval; 4. the choice of the time and place for the checkpoint must be based on local experience as to where and when intoxicated drivers are likely to be traveling; and 5. the decision to stop drivers during the checkpoint must be established by administrative pre-fixed, objective standards, and not left to the unfettered discretion of the officers at the scene of the checkpoint.