Understanding the Permissible Sentences Under 75 Pa.C.S. § 1543(b)(1)(i) After Commonwealth v. Rollins

The Pennsylvania Supreme Court's decision in Commonwealth v. Rollins, 292 A.3d 873 (Pa. 2023), provided important clarification on the permissible sentencing range for individuals convicted of driving under a DUI-related suspension under 75 Pa.C.S. § 1543(b)(1)(i). This case resolved concerns about whether the statute was unconstitutionally vague due to its failure to specify a maximum penalty.

 Background of 75 Pa.C.S. § 1543(b)(1)(i)

 This section of Pennsylvania's Vehicle Code imposes penalties on individuals caught driving while their license is suspended due to a prior DUI offense. The statutory minimum penalties are:

   •   First offense: $500 fine and at least 60 days in jail

   •   Second offense: $1,000 fine and at least 90 days in jail

   •   Third or subsequent offense: $2,500 fine and at least 6 months in jail

However, the statute does not explicitly state a maximum sentence, leading to legal challenges regarding whether it meets constitutional standards for due process.

 The Rollins Decision: Defining the Maximum Penalty

 In Commonwealth v. Rollins, the defendant challenged the constitutionality of § 1543(b)(1)(i), arguing that without a clearly defined maximum penalty, the statute is unconstitutionally vague. The Pennsylvania Supreme Court disagreed, ruling that:

1. The statute is not unconstitutionally vague because Pennsylvania law provides a framework for determining a maximum sentence even when one is not explicitly stated.

2. The maximum sentence is inferred from the grading of the offense, which is classified as a summary offense for a first violation and a third-degree misdemeanor for repeat offenses.

Since a third-degree misdemeanor in Pennsylvania carries a maximum sentence of one year of imprisonment, this sets the upper boundary for sentencing under § 1543(b)(1)(i) in cases involving multiple offenses.

What Is the Permissible Sentencing Range Now?

 Following Rollins, courts must impose at least the minimum penalties outlined in the statute but cannot exceed the following maximums:

   •   First offense (summary offense):

      •   Minimum: 60 days in jail

      •   Maximum: 90 days in jail (as per sentencing guidelines for summary offenses)

   •   Second offense (third-degree misdemeanor):

      •   Minimum: 90 days in jail

      •   Maximum: 1 year in jail (as per Pennsylvania's sentencing for third-degree misdemeanors)

   •   Third or subsequent offense (third-degree misdemeanor):

      •   Minimum: 6 months in jail

      •   Maximum: 1 year in jail

In all cases, the statutory fines ($500, $1,000, or $2,500 depending on the offense level) still apply.

 Potential Arguments for Sentencing Leniency

 Although the Rollins ruling clarified the statutory limits, defense attorneys can still make several arguments to reduce a defendant's sentence within the permissible range:

1. Mitigating Circumstances – Courts have discretion within the statutory range, and arguing for the lower end of sentencing (e.g., closer to 60-90 days instead of a full year) can be effective.

2. Alternative Sentencing – Judges may consider house arrest, probation, or work release programs in certain cases.

3. No Aggravating Factors – If the defendant was not impaired or not involved in an accident, a judge may be persuaded to impose only the minimum required sentence.

4. Disproportionate Hardship – If the sentence would severely impact employment, caregiving responsibilities, or rehabilitation efforts, a court might be inclined to show leniency.

If you or someone you know is facing DUI-related suspension charges, seeking legal counsel is critical to navigating the complexities of Pennsylvania's sentencing laws and securing the most favorable outcome.