STANDARDS GOVERNING AN ALLEGATION OF DELINQUENCY

INVOLVING A CHARGE OF “DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE”

These standards apply to the intake process and dispositional decisions concerning an allegation of delinquency involving a violation of §3731 of Title 75, Pennsylvania’s Vehicle Code (Driving Under the Influence of Alcohol or Controlled Substance).

These standards should be interpreted and implemented in a manner consistent with the Standards Governing Juvenile Court Intake promulgated by the Juvenile Court Judges’ Commission and the written guidelines established by the local Court.

I. Before making a final intake decision a review of all pertinent information relevant to the allegation shall be completed. This review shall include but not be limited to:

A. the results of any assessment tool provided by the Pennsylvania Department of Transportation or other appropriate agency;

B. prior allegations including relevant traffic safety information;

C. treatment records for alcohol and/or drug misuse, abuse, or addiction;

D. specific circumstances surrounding the incident for which the allegation has been made (accident, arrest, serious bodily injuries, property damage, whether or not a licensed operator, etc.); and

E. if available, the child’s blood alcohol concentration at the time of the incident.

II. The final intake decision shall be consistent with the protection of the public interest and best suited to the child’s treatment, supervision, rehabilitation and welfare.

Informal adjustment proceedings are an inappropriate disposition.

A consent decree can be considered as an appropriate dispositional alternative if:

A. it is the first allegation involving a violation of §3731 of the Motor Vehicle Code; and

B. an accident did not occur, in connection with the offense, which resulted in serious bodily injury or death.

An adjudicatory proceeding should be commenced if:

A. it is the second or subsequent allegation involving a violation of §3731 of the Motor Vehicle Code; or

B. an accident did occur, in connection with the offense, which resulted in serious bodily injury or death.

III. If a consent decree is deemed to be an appropriate disposition, specific provisions should be included.

Provisions of a consent decree should include, but not be limited to:

A. the suspension of operator’s privileges for a period of six months by the Pennsylvania Department of Transportation;

B. participation in a state-approved alcohol highway safety program with the cost to be incurred by the child;

C. payment of appropriate financial penalties to include restitution where applicable;

D. supervision by the probation department for an appropriate period of time; and

E. appropriate counseling or treatment if deemed to be in the child’s best interest.

IV. If an adjudication of delinquency is ordered by the Court, specific provisions should be included in the dispositional recommendation made by the probation officer.

A dispositional recommendation should include, but not be limited to:

A. the suspension of operator’s privileges for a period of one year under the auspices of the Pennsylvania Department of Transportation;

B. participation in a state-approved alcohol highway safety program with the cost to be incurred by the child;

C. payment of appropriate financial penalties to include restitution where applicable;

D. probation supervision of not less than six months duration; and

E. appropriate counseling or treatment if deemed to be in the child’s best interest.