Being convicted of driving under suspension, driving under the influence of alcohol or drugs (DUI) or other criminal offenses in Bucks County PA will often result in mandatory jail time, significant fines, excessive court costs and the loss of your job. If you are the primary wage earner in your family, serving time in jail can have a devastating impact on your children, spouse, partner and other family members. The Bucks County DUI Restrictive Probation Program (formerly known as Bucks County House Arrest) may help you avoid these serious consequences.
What is Bucks County DUI Restrictive Probation?
The Bucks County House Arrest program was discontinued in January 2021. Fortunately, Bucks County Probation and Parole offers DUI Restrictive Probation as an alternative to jail for qualified non-violent offenders. Persons approved for DUI Restrictive Probation are given the opportunity to serve their sentences on home confinement with electronic monitoring. The program is formally referred to as Probation with Restrictive DUI Conditions.
Why You Should Apply for Bucks County DUI Home Confinement
Home confinement is also known as house arrest, home detention, or electronic home monitoring. Entry into the Bucks County Home Confinement for DUI Program can enable you to support your family while continuing to work, receive necessary drug and alcohol treatment and participate in other approved activities that will assist with your recovery and rehabilitation. Receiving court approval for Bucks County DUI Restrictive Probation is even more important now due to the current COVID-19 health crisis.
Bucks County DUI Restrictive Probation Lawyer
I have extensive experience assisting individuals with the application and admission process for the Bucks County Home Confinement for DUI (Restrictive Probation with DUI Conditions). Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Am I Eligible for Bucks County DUI Restrictive Probation?
The Bucks County Restrictive Probation Program is managed through the Bucks County Department of Probation and Parole. Eligible candidates must reside in Bucks County, Pennsylvania, for the duration of their minimum DUI sentence. However, in limited circumstances, the probation department may make exceptions for persons living outside of Bucks County, PA.
The restrictive probation program is not available for individuals who have been convicted or adjudicated delinquent of a crime requiring sexual offender registration. Additionally, the Bucks County Restrictive Probation Program is not available for persons who have a current offense or prior conviction for certain serious felony offenses within the last 10 years.
Offenses that are Eligible for DUI Restrictive Probation
- 1st offense DUI
- 2nd offense DUI
- 3rd offense DUI
- Driving under suspension DUI-related (sentencing must occur in the Court of Common Pleas)
- Driving under suspension DUI-related-refusal (sentencing must occur in the Court of Common Pleas)
- Driving under suspension, 6th or subsequent offense (sentencing must occur in the Court of Common Pleas)
Can I be Approved for DUI Restrictive Probation for a 48 or 72 Hour DUI?
Yes. Individuals facing a 48 hour or 72 hour mandatory minimum DUI sentence are eligible for the DUI restrictive probation program. The Bucks County Adult Probation and Parole Department must approve the application and the sentencing judge must agree to impose a sentence of restrictive probation with DUI conditions.
Can I Qualify For DUI Restrictive Probation With a 4th DUI?
Yes, a person with a 4th offense DUI may qualify for Bucks County Restrictive Probation with DUI Conditions if all of the the following conditions are met:
- The District Attorney waives eligibility
- The victim has been given notice of the waiver and opportunity to object
- The sentencing judge approves the District Attorney’s waiver of eligibility
The official policy of the Bucks County District Attorney’s Office is to object to Restrictive Probation with DUI conditions for individuals charged with a 4th or subsequent lifetime DUI.
Restrictive Probation for DUS DUI-Related 1543(b)
A person charged with driving under suspension DUI-related may qualify to serve their mandatory minimum sentence on restrictive probation (home confinement with electronic monitoring), assuming they are otherwise eligible. Significantly, under the Restrictive Probation Program, Magisterial District Judges will not have the authority to sentence individuals to home confinement with electronic monitoring for driving under suspension dui-related convictions.
Under Pennsylvania law, only judges in the Bucks County Court of Common Pleas have the authority to sentence an offender to restrictive probation home confinement for a 1543(b) offense. As a consequence, it may be necessary to file a summary appeal of a driving under suspension dui-related conviction in cases where an individual wants to apply for home confinement with electronic monitoring through the restrictive probation program.
The DUI Restrictive Probation Application Process
Applications for DUI Restrictive Probation are available on the Bucks County Probation and Parole website. All applications should be submitted to the Bucks County Probation Department at least 30 days prior to sentencing. All applicants must attach a copy of their Court Reporting Network (CRN) report to the application. If required, a current copy of a full drug and alcohol assessment should be also attached to the application. The Bucks County Probation Department will conduct an in-person interview and home visit to the residence after the application is received.
Other Documents Required for the DUI Restrictive Probation Application
- Statement of residence form (if required)
- Rules and regulations form
- Special conditions form (if required)
- Equipment responsibility form
When is a Full Drug and Alcohol Evaluation Required?
Individuals applying for the Bucks County DUI Restrictive Probation Program must include the results of a full drug and alcohol evaluation with their application in the following circumstances:
- You are charged with a 2nd or 3rd DUI offense
- You are charged with driving under suspension DUI-related
- You have been convicted of an equivalent DUI offense in another state within the last 10 years
- Your DUI blood alcohol content (BAC) was .16% or higher
- Your Court Reporting Network (CRN) assessment indicates that you are in need of a full D&A assessment, counseling or treatment
Approval for DUI Restrictive Probation
Under Pennsylvania Law, approval for placement on the Bucks County Probation with Restrictive DUI Conditions is considered a privilege and your acceptance into the program is not guaranteed. Admission into the program requires approval from both the Bucks County Adult Probation and Parole Department and the sentencing judge. I can advise you of the steps to take prior to sentencing that will greatly improve your chances of being approved for the DUI restrictive probation program.
Electronic Monitoring for DUI Restrictive Probation
Participants admitted into the Bucks County DUI Restrictive Probation Program are required to wear a Global Positioning System (GPS) bracelet while serving their sentence. The GPS electronic monitoring device can transmit the participant’s location to the probation department at any given time. The GPS device can be set to prohibit the participant from traveling to specific geographic areas while wearing the device. The GPS bracelet will send an alert to the probation department if you travel outside the designated geographic areas or if you violate other conditions of the program.
What are the Costs of Bucks County DUI Home Confinement?
- $45.00 initial set up fee
- $15.00 per day fee
- Sentences of 30 days or less must be paid in full prior to installation of equipment
- Sentences of more than 30 days are eligible for a payment plan
- Individuals on a payment plan must pay all costs in full before the end of home confinement
- Payments may be made by cash or money order at probation office locations during business hours
What Happens if I Violate DUI Restrictive Probation Rules?
Prior to their placement in the program, all participants in the Probation with Restrictive DUI Conditions Program are given a list of the program rules. Violation of any of the conditions can result in your removal from the program and your return to jail to complete the remainder of your sentence. Common home confinement rule violations include:
- The presence of alcohol or illegal drugs in the home
- The presence of illegal weapons in the home
- Consuming alcohol or illegal drugs in the home
- Leaving your residence or job without authorization
- Tampering with the GPS device
Start with a Strong Defense
Do not hesitate to contact me If you want to be considered for the Bucks County Restrictive Probation Program for your DUI. I can determine whether you are eligible for house Bucks County Home Confinement with Electronic Monitoring or other sentencing alternatives that do not require incarceration. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.