If a defendant is convicted or pleads guilty or no contest to a violation of section 3802 (relating to driving under influence of alcohol or controlled substance), the following apply prior to sentencing:
(1) The defendant shall be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) and any other additional evaluation techniques deemed appropriate by the court to determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in determining what type of sentence would benefit the defendant and the public.
(2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following subparagraphs apply:
(i) The defendant, within ten years prior to the offense for which sentence is being imposed, has been sentenced for an offense under:
(A) section 3802;
(B) former section 3731; or
(C) an equivalent offense in another jurisdiction.
(ii) Either:
(A) the evaluation under paragraph (1) indicates there is a need for counseling or treatment; or
(B) the defendant's blood alcohol content at the time of the offense was at least 0.16%.
(3) The assessment under paragraph (2) shall be conducted by one of the following:
(i) The Department of Health or its designee.
(ii) The county agency with responsibility for county drug and alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and alcohol addiction treatment programs.
(4) The assessment under paragraph (2) shall consider issues of public safety and shall include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.
Special Provisions in Appendix. See section 18 of Act 24 of 2003 in the appendix to this title for special provisions relating to applicability of sections 3814 and 3815.
Cross References. Section 3814 is referred to in sections 3804, 3807, 3813, 3815, 3816 of this title; section 9763 of Title 42 (Judiciary and Judicial Procedure).
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