According to a report from the state, there were over 1,400 adults and six juveniles who were charged with driving while impaired by alcohol or drugs in 2017 in Delaware County. Pennsylvania law states that a period of probation may be imposed for six months for first-time offenders convicted of operating under the influence of alcohol. This relates especially to those who at the time of the offense had a blood alcohol concentration of between .08 and .10%--the lowest tier for determining penalties for offenses. Those who are found to have a BAC level of .10% or more encounter more rigorous penalties, which include a loss of driving privileges and a period of incarceration.
Delaware County Adult Probation and Parole Services
The Department seeks to maintain safety throughout the community while ensuring that defendants are compliant with the penalties and sanctions ordered by the courts. In addition, they provide supervision, counseling, and referrals to treatment programs and other community resources. The Department is responsible for conducting “presentence investigations” as well as ensuring that fees and restitution are paid. They may visit the home of an offender to determine compliance.
Accelerated Rehabilitative Disposition (ARD)
Those who are on probation may also be participating in an ARD program. Low-level offenders that have committed non-violent offenses are generally those who are eligible for these programs. Commonly called “diversionary” or “alternative” sentencing programs, they are generally rehabilitative in nature. When an offender satisfies the many ARD conditions, they may petition the court to dismiss or expunge the charge(s).
Delaware County Probation Details
First-time DUI offenders in the lowest tier BAC segment are subject to six months of probation. This generally is imposed in lieu of a loss of driving privileges and jail time. The Adult Probation and ARD programs are managed by the Delaware County Court. Some of the specific conditions that are required include:
- To immediately notify the Probation Officer (PO) if arrested or receive any citations
- Willingness to submit to random drug screening and Breathalyzer testing
- All fines and costs are to be paid if seeking entry into an ARD program
- The Department imposes a monthly supervision fee of $40 in addition to fines and/or restitution
- To abstain from illegal drugs, controlled substances, and alcohol consumption
- Not to be in possession of weapons
- Compliance with any requests to search property or vehicles
- Completion of any ordered drug and/or alcohol treatment and associated costs
- To notify the PO in advance if necessary to leave the state
- Promptly report all changes in employment or residence
- To sustain full-time employment and pay all support obligations
Seeking Legal Assistance for Probation Violations
Are you actively on probation and have violated the conditions or requirements? Even relatively small violations can have ramifications that may include revocation of the probation and potential jail time. In these situations, it is strongly suggested to contact an experienced criminal defense attorney to help reduce the severity of consequences and maintain your freedom.
Delaware County Attorney for DUI and Probation Violations
Joseph D. Lento is an attorney that has personal experience obtained from previously working as a probation officer involved with adult and juvenile offenders. He implements customized defense strategies for clients in these and a host of other areas of legal practice. Contact the office to discuss your case today at (888) 535-3686