A charge of driving during a DUI-related license suspension under 75 Pa.C.S. § 1543(b) can put your freedom and your job at risk. For an eligible defendant, probation with restrictive conditions—often called an RC sentence—can provide a path to electronically monitored house arrest. Getting there requires preparation before sentencing and an order that accurately states what the judge is imposing.

What makes a sentence an RC sentence?

An RC sentence is probation with restrictive conditions. A jail sentence that merely says “eligible for house arrest” does not, by that wording alone, impose RC probation. Eligibility for a program and an order actually imposing probation with electronically monitored house arrest are different things. The Pennsylvania Superior Court explained in Commonwealth v. Seals that the current statutory framework permits probation with restrictive conditions through a county intermediate punishment program in qualifying cases despite otherwise applicable mandatory incarceration provisions. [1]

As a matter of sound sentencing practice, the order should expressly identify probation with restrictive DUI conditions and the period of house arrest with electronic surveillance. Sections 9754(a) and 9763(a) require the court to specify the probation term, supervising authority, and conditions. Merely stating eligibility for house arrest does not clearly supply those terms. This drafting recommendation follows from the statutory framework; Seals did not decide a dispute over those exact words. Counsel must review the entire order. An illustrative provision could read: [1–2]

“The defendant is sentenced to [60 or 90 days] of probation, supervised by the county adult probation department, with restrictive DUI probation conditions pursuant to 42 Pa.C.S. § 9763(c), including [60 or 90 days] of house arrest with electronic surveillance through the approved county program, beginning on [date], together with the applicable treatment and supervision requirements.”

This is illustrative drafting language, not a complete sentencing order. Counsel must address the applicable subsection, lawful term, any required minimum, program eligibility, and remaining sentencing provisions.

Get the drug-and-alcohol evaluation before sentencing.

Under 42 Pa.C.S. § 9763(c)(1), a person receiving a § 1543(b) penalty may receive this probationary disposition only after undergoing the assessment specified in 75 Pa.C.S. § 3814. If treatment is needed, the sentence must include the required treatment. The restrictive term must satisfy any applicable mandatory minimum. [2]

For clients, the instruction is straightforward: complete the required drug-and-alcohol evaluation before the court appearance at which sentencing will occur. Have your lawyer confirm the approved evaluator and make sure the written report reaches the appropriate people. Do not assume you can arrive at sentencing and promise to obtain it later.

The assessment is a prerequisite, not a guarantee of house arrest. Your attorney must also address eligibility and the court's sentencing decision.

A jail sentence marked “eligible for house arrest”: address placement before sentencing [Jail supervision or Probation].

If the judge imposes a jail sentence and adds “eligible for house arrest,” do not assume that you have been sentenced directly to RC probation. Counsel needs to determine who will decide placement, which program will supervise it, and what admission requirements apply. An eligibility notation is not the same as an order directing that a specified portion of probation be served on house arrest.

This distinction matters for medical marijuana patients. Do not assume that a medical marijuana card resolves the intake requirements of a house-arrest program associated with a jail sentence. If the applicable program requires a negative THC screen, a positive result may create a placement dispute or delay. Counsel should verify the actual policy, address whether it lawfully applies to a registered patient, and resolve the issue before sentencing or reporting.

Pennsylvania's Medical Marijuana Act prohibits possession or use in specified correctional facilities. That location-based prohibition does not, by itself, establish a blanket THC ban for every person serving house arrest at a private residence. Nor does calling a sentence “jail” automatically resolve the patient's rights under the Act. The actual sentence, placement, and governing policy must be examined. [3]

RC house arrest and a valid medical marijuana card

A patient serving probation with house arrest at an approved private residence is in a different position from someone housed in a correctional facility. In Gass v. 52nd Judicial District, Lebanon County, 232 A.3d 706 (Pa. 2020), the Pennsylvania Supreme Court rejected a blanket policy prohibiting lawful medical marijuana use by people under court supervision. Courts and probation officers may still make reasonable inquiries into whether that use complies with the Act. [3]

A valid Pennsylvania medical marijuana patient can therefore remain eligible for RC house arrest despite lawful medical marijuana use. A THC-positive result attributable to that lawful use should not automatically be treated as a probation violation. A card does not guarantee the sentence, excuse unauthorized marijuana use, or eliminate the other conditions of supervision.

Give your attorney your current card and relevant documentation early. Have medical marijuana use addressed before sentencing and program intake, rather than leaving it for an argument after a drug test.

Prepare the sentence before you get to court

Before sentencing, discuss RC eligibility, complete the required assessment, document treatment and lawful medical marijuana use, and review the proposed sentencing language with your lawyer. Ask the critical question: does the order actually impose probation with restrictive conditions and house arrest, or does it impose jail and merely say “eligible for house arrest”?

At Aaroe Law Offices, PC, we help people facing DUI-related suspended-license charges in Easton, Bethlehem, and throughout the Lehigh Valley understand their options and prepare for sentencing. Contact our office before your court date so we can evaluate whether probation with restrictive conditions is available in your case.