I have a 90 day DUI case and I want to know if I can get some type of sentence other than 90 days in jail. The answer is yes, you can get an alternative sentence, but getting an alternative sentence isn’t so easy.
The only real choices for alternative sentences for a 90 day DUI case are house arrest, work release, inpatient rehabilitation, or weekends.
In Philadelphia County, your best alternatives to a 90 day DUI case are inpatient rehabilitation and weekends. In Philadelphia County, the majority of judges are will to listen to the idea of weekends assuming there is room at the prison for someone to serve weekends. Further, the weekends can be served on any consecutive days. They do not have to be served on Saturday or Sunday.
As far as inpatient time credit, full documentation is needed that the inpatient facility was truly inpatient and that you were in the inpatient for more than 90 days straight without ever leaving the facility. Further, a positive report from the inpatient facility would be helpful. If you were only in the inpatient for 30 days or 45 days, some judges will listen to argument for time credit for the time you were in the inpatient facility, but some judges want to see that you were in for at least 90 days.
As far as work release and house arrest, we normally do not see those sentences in Philadelphia County. In Delaware County we have seen limited house arrest and in Montgomery County we have seen restrictive work release.