Commonwealth, Aplt. v. Popielarcheck, A.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DONOHUE

We granted review in this case to consider the interplay between two alternative sentencing schemes for persons convicted of a second offense for driving under the influence or alcohol or a controlled substance ("DUI"). In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence under section…