What is ARD in Pennsylvania?

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In Pennsylvania, first time DUI offenders may be offered a diversion program called Accelerated Rehabilitative Disposition (ARD). A diversion program is one that offers the opportunity to avoid the risk of a conviction at trial, and for the District Attorney to agree to have your record expunged of the arrest. So, WHAT IS ARD IN PENNSYLVANIA?

The procedure and standards for acceptance in ARD vary from county to county and acceptance is at the sole discretion of the county’s District Attorney’s Office. To even begin the chance of being considered, you will have to Waive Your Preliminary Hearing at the Magisterial District Court.

Facts that will likely disqualify you are:

1. You have been convicted of DUI within the last 10 years (unless your BAC was less than .10 on your prior offense);

2. While no prior DUI, you have an extensive criminal history, or a prior case involving a serious felony;

3. The DUI that you are currently being charged for involved an accident that caused the death of or serious injuries to another person; an accident alone may be enough to disqualify; and

4. There was a passenger of under 14 years of age in the car at the time you were arrested and charged with DUI

Paul S. Peters III, Esq. will aggressively advocate on your behalf and highlight why you are an excellent or good candidate for ARD, as well as, counsel you on the actions you can take to strengthen your ARD chances.

If accepted into the ARD program, requirements may be:

– CRN Evaluation (Drug and Alcohol Assessment)

– Substance abuse treatment and counseling

– Highway safety school

– Community service

– Restitution, or paying back the victim(s) for any loss

– Drug testing

– Employment

– No new arrests

– Possible License Suspension

(.08% to .099%) – No license suspension

(.10% to .159%) – 30-day suspension

(.16% or higher) – 60-day suspension

Upon successful completion of ARD, the court will dismiss your criminal charges. After the dismissal of the charges, you can petition the court to expunge (or erase) the record of your arrest as well as your participation in ARD. The expungement is the primary benefit of the ARD program as it leaves you with a clean criminal background check.

If you fail to complete or violate the ARD requirements, you will be removed from the program. The prosecutor will reopen the case against you and seek a criminal DUI conviction.

Should You Enroll in ARD or Fight the DUI Charges?

You will only have a definitive answer to this question after consulting with an experienced Pennsylvania DUI defense lawyer like Paul S. Peters III, Esq., who will help you weigh the following factors:

– The defense strategies available to you in your case and their chance of success

– The cost of fighting the charges

– Your ability to adhere to the ARD program requirements

– The risks you are willing to take

If you or a loved one have been charged with DUI in Montgomery, Philadelphia, Bucks, Delaware, Chester, Lehigh, Lancaster Northampton, Berks, County, it is vital that you contact the Aggressive, Experienced, Trusted, and Compassionate Pennsylvania DUI Defense Lawyer, Paul S. Peters III, Esq.