Pennsylvania ARD Program
First-time DUI offenders in Pennsylvania may be eligible for the ARD Program. The Pennsylvania ARD Program provides first-time offenders with a chance to avoid DUI conviction on their permanent record.
What Does ARD Stand for?
ARD stands for “Accelerated Rehabilitative Disposition”. It is a pre-trial diversion program required by the Pennsylvania State to promptly dispose of all charges for first-time offenders, as long as the conditions or ARD are met.
Many people have a misconception that the ARD DUI PA Program lets offenders off the hook, but it’s not that simple. Being in the PA ARD DUI Program is similar to being on probation for a DUI charge. An offender is not required to serve jail time but will be under court supervision. The state may order the offender to obtain Drug and Alcohol Evaluation, drug and alcohol treatment if necessary, community service, and probation.
The Court will dismiss the case of an offender who completes the Pennsylvania ARD Program after his or her probationary period. Legally, it’s as if he or she was never charged with DUI and will have a clear record.
Take note that not all first-time DUI offenders are eligible to join the ARD DUI PA Program.
Pennsylvania ARD Eligibility and Requirements
The county’s District Attorney must recommend a first-time offender into the PA ARD DUI Program. The goal of ARD is to offer offenders a rehabilitative program that will give them a fresh start. Typically, a first-time offender charged with a minor offense — such as possession of a controlled substance for personal use — is eligible to join the program.
However, the Court will consider these factors in determining eligibility:
Possession of a Controlled Substance
Possession of Drug Paraphernalia
Possession with Intent to Deliver
Delivery of a Controlled Substance
The presence of these factors drastically decreases an offender’s chances of joining the ARD program.
ARD DUI PA Program Benefits
While ARD is a one-time deal, it has many benefits. It would be unwise not to use it if the Court charges you with your first relatively minor criminal offense. This program can shorten your license suspension, lower fines, potentially clear your record, and prevent jail time.
Apart from all the benefits of ARD, an offender under the program can avoid the mandatory ignition interlock requirements. Some DUI cases require offenders to have an ignition interlock device in any vehicle they drive for at least one year.
Keep in mind that you may only participate in the ARD once. You cannot use the ARD for a second DUI charge, and you will also face second offense penalties in such a case.
How Long are ARD Classes in PA?
Every ARD-DUI case must undergo a 30-day to a two-year period of supervision under the ARD Pennsylvania Program. The defendant’s alcohol and substance abuse are being treated with rehabilitation methods and community service.
Upon the successful completion of the ARD Program in Pennsylvania, the ARD offender may petition the court to have their charges expunged or sealed from the public records.
License Suspension
One of the often-overlooked aspects of the Pennsylvania ARD Program is the attendee license suspension. This ARD Program PA requires the Court to mandate license suspensions based on the offender’s Blood Alcohol Concentration (BAC) levels. These are the mandatory suspensions the Court implements for the ARD.
BAC 0.8–.99 with no accident: no suspension
BAC .10–.159 or BAC 0.8–.99 with accident: 30-day suspension
BAC .16 and above: 60-day suspension
The state of Pennsylvania does not issue occupational licenses for suspensions under 60 days. Offenders who choose to use the ARD must serve their license suspensions in their entirety.
Experienced Pennsylvania ARD Program Lawyer
If you have DUI or ARD Program concerns, Panighetti Law can represent you. Justin Panighetti has been a DUI defense lawyer in Erie, PA for over ten years and has extensive experience. You will be provided with sound legal advice on the best course of action for your DUI case. Contact us today 814-314-0051