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 will help you avoid these serious consequences.
What is 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 Should I 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 House Arrest will enable you to continue to support your family financially.
For example, you can continue working while receiving necessary drug and alcohol treatment to 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.
Contact a Bucks County 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, the probation department may make exceptions for persons living outside of Bucks County, PA.
Also, 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 Home Detention 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 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.
Can I be Approved for Bucks County DUI Home Detention if I Live Outside of Bucks County?
Yes, in many cases. Applicants who live in Montgomery County, Philadelphia County, Chester County, Delaware County, Berks County, and Northampton County, Pennsylvania, should apply for the program.
In addition, you should complete all required drug and alcohol assessments and submit the completed restrictive probation application to the Bucks County Probation Department within 30 days of DUI sentencing.
The Bucks County DUI Restrictive Probation Office will review each out-of-county application on a case-by-case basis. I can assist you with the application and approval process if you are charged with driving under the influence and live outside of Bucks County, Pennsylvania.
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. Also, Magisterial District Judges do 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?
Are you applying for Bucks County Restrictive Probation for your case? You must complete a drug and alcohol evaluation in the following circumstances:
- The police charge you with a 2nd or 3rd DUI offense
- The police charge you with driving under suspension DUI-related
- A criminal court judge convicted you of an equivalent DUI offense in another state within the last 10 years
- Your blood alcohol content (BAC) was .16% or higher
- Your Court Reporting Network (CRN) assessment indicates that you require a full D&A assessment, counseling, or treatment
- You are 18 years of age but under the age of 21 at the time of your arrest
The comprehensive drug and alcohol evaluation is an American Society of Addiction Medicine (ASAM) assessment. You can schedule the ASAM assessment through Livengrin Foundation ((215) 638-5266), The Council of Southeast Pennsylvania ((215) 230-8715), or the Family Service Association ((215) 494-9090).
Approval for DUI Restrictive Probation
Under Pennsylvania Law, approval for placement on the Bucks County Probation with Restrictive DUI Conditions is considered a privilege. Unfortunately, your acceptance into the program is not guaranteed.
Admission into the program requires approval from the Bucks County Adult Probation and Parole Department and the sentencing judge. I can advise you of the steps you should take before sentencing that will significantly 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. Also, 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
- Court costs, mandatory fines, court fees and restitution are separate from DUI restrictive probation costs
What are the DUI Restrictive Probation Costs for a 30-Day Mandatory Sentence?
- $495.00 total cost due on the day of sentencing
- $45.00 administrative fee; and
- $450.00 daily GPS monitoring fee (30 days at $15 per day)
What are the DUI Restrictive Probation Costs for a 90-Day Mandatory Sentence?
- $1,395.00 total cost (includes administration fee and daily GPS monitoring fee)
- $495.00 due on the day of sentencing
- $450.00 due 30 days after sentencing
- $450.00 final payment due 60 days after sentencing
Can I Consume Alcohol While I am On Restrictive Probation?
No. Every person entering the Restrictive Probation Program must sign a contract agreeing to follow the rules and regulations. Unlike the rules of regular probation, the restrictive probation rules prohibit participants from drinking alcohol during the home detention part of the sentence.
What Happens if I Violate DUI Restrictive Probation Rules?
Before placement in the program, the Bucks County Probation Department will provide all participants with a list of the program rules. In addition, a probation officer will typically go over the rules during a home visit during the application process.
The probation department will remove you from home detention if you violate the program rules. Common home confinement rule violations include:
- The presence of alcohol or illegal drugs in the home
- The presence of illegal weapons in the home
- Possessing or consuming illegal drugs
- Leaving your residence or job without authorization
- Tampering with the GPS device
Get Help from an Experienced Bucks County Restrictive Probation Lawyer
Are you interested in applying for admission into the Bucks County DUI Restrictive Probation Program? Contact me for a free evaluation of your case. I can determine if you are eligible for home detention and assist you with the application procedures.