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Trial or Guilty Plea

A conviction for the charge of DUI as a second offense carries a mandatory minimum period of incarceration, dependant upon your BAC (blood alcohol concentration) at the time of arrest, ranging from five (5) days to 90 days. There are also mandatory minimum fines ranging from $300.00 to $1,500.00, and a period of license suspension between 12 and 18 months. Additionally, the law mandates the completion of a CRN (Court Reporting Network) evaluation, attendance at the Alcohol Highway Safety Program classes, completion of any Court ordered counseling, and a period of restricted driver privileges requiring an ignition interlock system. All costs associated with the conviction must also be paid.

Penalties could go as high as
five years in jail and
a fine of $10,000

How Much Time Must I Spend in Jail?
BAC .08-.099: 5 day minimum
BAC .10-.159: 30 day minimum
BAC .16 or higher: 90 day minimum
Refusals: 90 day minimum
Minors (ages 17-21): 30 day minimum
BAC > .02%
Are Diversionary Programs Available?
What Are My Options?
  1. Time spent in inpatient treatment may, at the discretion of the sentencing Judge, be credited towards your jail time.
  2. The Alternative Sentencing Program (ASP) is designed to target those offenders convicted of a second offense DUI resulting in a 30 days mandatory minimum.
    (BAC = .10 - .159)
  3. Offenders convicted of a second offense DUI with a high BAC - .16 or higher, may, at the discretion of the sentencing Judge, be permitted to serve their mandatory minimum (90 days) within the Northampton County Prison – Work Release Program. In addition, these same offenders may be eligible for a limited version of Alternative Sentencing.
  4. ARD – limited only to those offenders who were convicted of a first offense under the statutes enacted as of Feb. 1, 2004 – General Impairment.
    (BAC = .08 - .0999)
What is ASP?

The Alternative Sentencing Program is designed to lessen prison crowding and to provide the offender with intensive supervision and treatment. The program offers the appropriate individuals the opportunity to serve only 7 of the 30 days within the Northampton County Prison with the remaining 23 days being served on house arrest with electronic monitoring. In addition, the program requires attendance at a counseling program totaling 50 hours over a 17 day period. Lastly, participants are required to attend AA and complete CWS (community work service) hours.

How Do I Qualify for ASP?
  1. You must be appearing before the Court for a second offense DUI. Prior offenses include any/all DUI convictions anywhere in the United States of America, within the past 10 years.
  2. Your BAC must be between .10 and .159 to be eligible. Higher BAC's (> .16) and refusals may be eligible for limited involvement.
  3. You must be enrolling in ASP for the first time. Prior participation in this program will exclude you from consideration.
How Do I Apply for the ASP Program?

A second time offender may apply for this program by completing the attached application and returning it to:

Northampton County DUI Program
Criminal Administration Building
105 South Union Street
Easton, PA 18042

You must apply within a 30-day period after your Preliminary Hearing. The application must be complete and all required contacts must have been made prior to your application being submitted.

What Are The Costs of ASP?

There are program costs that are in addition to the basic County costs of prosecution and the mandatory minimum fines, which are established by the State of Pennsylvania.

Electronic Monitoring: $230.00
CRN Evaluation: $50.00
AHSP: $225.00
CPC (counseling program): $400.00
Total: $905.00

**The above-listed costs represent the minimum mandatory requirements.

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There may be additional alternatives to those which are explained herein.

If you have any questions, you may wish to contact an attorney to discuss all of the options available. If you cannot afford an attorney, please contact the Northampton County Public Defender's Office for assistance at (610)-829-6384.

Driving Under the Influence Resources
DUI Programs Overview
DUI ARD Program Overview
DUI ARD Program (First Time Offenders) FAQ
DUI ASP Program (Second Time Offenders) FAQ
For additional DUI program information, contact:
Kimberlie Stout
Phone: 610-559-6810
Northampton County DUI Program
Criminal Administration Building
105 South Union Street, Easton, PA 18042
Tracking address: Tracking code - do not email: (do not email this address - tracking purposes only)