The district attorney knows there are problems.
Arrests, pleas, and convictions were based on BAC results.
With as many as 1,000 DUI cases called into question, Warren County District Attorney Rob Greene is focusing on about 250.
According to Greene, there are about that many people still serving DUI sentences handed down in Warren County Court.
“We have approximately 250 that potentially are still under the thumb of the government because of a wrong BAC test,” he said. “Number one is those individuals who are still serving their sentences.”
Some defendants are incarcerated and others are on probation or parole.
Greene said his office is working to resolve the problem as quickly as possible. “If we could have got this done Friday, they could have spent Memorial (Day) weekend with their families. If we could have got this done today maybe they could have spent a birthday with their child.”
Even cut down to 250 cases, the results will take more than a few days.
“I’m anticipating a minimum of a few weeks,” he said.
Some sentences could be vacated. “We’re going to drop charges immediately if the BAC is under a certain point,” Greene said. “If we’re dropping the charges completely, I will do everything within my power to make sure that record is expunged.”
Other sentences could be reduced.
Others will not change. “We’re not just going to drop DUIs willy-nilly,” Greene said. “There are going to be a number of cases that will not qualify for any relief,” Greene said.
Convictions and sentences will stand for those who refused to be tested, those whose BACs were determined using whole blood, and those whose level of impairment was determined by a Pennsylvania State Police approved breath test. In some cases, the 30 percent difference would not be enough to change the charges.
“The current cases are not a problem,” Greene said. If a defendant has not yet been sentenced, the legal process can be stepped back as far as necessary to provide appropriate relief.