DUI Accelerated Rehabilitative Disposition (ARD)

For certain first time offenders who are charged with driving under the influence in Pennsylvania, the Accelerated Rehabilitative Disposition (ARD) Program may be available. In many cases, this program permits dismissal of the DUI charges so the alleged offender can petition to have their record expunged. The DUI ARD program usually lasts for six months.

The completion of the ARD program for a DUI offense is considered a first conviction for the purpose of determining whether a later conviction for driving under the influence is considered a second, third, fourth or subsequent conviction.

West Chester DUI ARD Program Attorney

Contact an experienced West Chester DUI Attorney to discuss the facts of your case and whether entering the DUI ARD program is in your best interest. The Skinner Law Firm can help you through each step of the process so your case can be resolved as quickly as possible. Contact Michael J. Skinner at (267) 388-3476 to discuss the facts of your DUI arrest in Chester County, Pennsylvania to determine if you are eligible for the ARD program.

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Accelerated Rehabilitative Disposition (ARD) in Chester County

After an individual is arrested or charged with a criminal offense in Chester County, the District Attorney's Office can request that the Court of Common Pleas of Chester County to accept the individual into the Accelerated Rehabilitative Disposition (ARD) Program. The purpose of the program is to permit the prompt resolution of certain criminal offenses without the need for costly evidentiary hearings and trials.

The ARD Program is available only to certain individuals who must complete an application. In order for the applicant to be eligible for ARD, the following conditions must be met:

No prior history of criminal activity or delinquency as a juvenile.  In certain cases the defendant may also be eligible if the prior criminal activity was more than 10 years ago, is particularly minor, and the defendant has been law-abiding for a substantial period of time before the present offense.

Additionally, the current driving under the influence offense does not involve any of the following:

• Drugs,
• Offenses against children or the elderly,
• Firearms,
• Sexual offenses,
• Violence, and/or
• A breach of the public trust.

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Applying for Accelerated Rehabilitative Disposition in Pennsylvania

Individuals interested in applying for the ARD DUI program in Chester County must do the following:

• Apply for the DUI ARD program at a preliminary hearing;
• Waive the preliminary hearing;
• Waive the filing of a criminal information; and
• Waive formal arraignment.

At the preliminary hearing, the prosecutor will announce an ARD hearing date in open court before the Court of Common Pleas of Chester County. This date will be approximately eight weeks after the ARD DUI application is completed.

If the defendant is accepted into the ARD program and successfully completes all terms and conditions of the program, the criminal charges will be dismissed. Once the charges are dismissed, the defendant can petition to expunge his record. If the defendant does not successfully complete the program then his case will be prosecuted in the criminal courts.

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Factors Affecting the Driver’s Eligibility for the ARD Program in Pennsylvania

The Chester County District Attorney's Office has a department that reviews each DUI ARD application. If the applicant is determined eligible, then an ARD hearing will be scheduled. If the person is not deemed eligible, the DA's Office will file a criminal information, and the ARD hearing date will become the formal arraignment on that charge.

Although the District Attorney's Office has a list of items that make the defendant ineligible, the list is not exclusive, and other factors may affect a driver’s eligibility for the ARD program. The following factors are on the Chester County DA’s ineligibility list:

• The defendant did not waive the preliminary hearing and pre-trial motions;
• The defendant had prior felony convictions at any time;
• The defendant has more than one prior DUI, ARD, juvenile adjudication or any other conviction at any time;
• The defendant did not answer truthfully to the section of the application dealing with prior criminal history;
• The defendant has a poor driving record;
• The defendant was driving at speeds of 100 miles per hour or more;
• The defendant has a prior ARD conviction within the prior ten years;
• If an accident occurred during the commission of the offense, and a person other than defendant suffered serious bodily injury or was killed; and/or
• A person under the age of 14 was in the defendant's car at the time of arrest.

The Chester County District Attorney's Office has the discretion to decide if any other factor disqualifies the defendant from entering the ARD Program. The police officer involved in the arrest will have a chance to comment on whether the defendant should be offered ARD. Additionally, any victims in the case will have a chance to comment on whether the defendant should be offered ARD, and will be given a chance to write a victim impact statement which contains the following information:

• The economic effects of the crime on the alleged victim;
• The physical effects of the crime on the alleged victim; and
• The psychological effects of the crime on the alleged victim.

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Driver’s License Suspension Periods for Pennsylvania’s DUI ARD Program

Under the state’s Accelerated Rehabilitative Disposition (ARD) requirements, the court must impose driver’s license suspensions based on the following blood alcohol concentration (BAC) ranges:

• No suspension if the BAC is less than .10%;
• A 30 day suspension if the BAC is .10%, but less than .16%; or
• A 60 day suspension if the BAC is .16% or above.

Individual ARD programs can impose additional requirements for other DUI offenses including:

• A 60 day license suspension, and installation of an ignition interlock device for one year;
• A 60 day license suspension if the BAC is unknown, or the defendant is charged with Driving Under the Influence of Drugs;
• A 60 day license suspension if the defendant had an accident involving bodily injury, property damage or vehicle damage.

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Additional Requirements of Chester County’s ARD Program

Individuals who enter the ARD Program are assigned to 50 hours of community service. The individuals must also complete a prescribed treatment program at the state licensed additional treatment provider. If twelve sessions of the treatment program are completed within 60 days of the ARD hearing, the community service requirement may be waived. The number of community service hours can also be increased depending on the facts of the case.

The individual must also undergo an alcohol and drug addiction treatment evaluation as a requirement of the ARD program.  The evaluation requires a $275 fee, plus $400 in costs, and is administered by the Chester County Council on Addictive Diseases (COAD).   If required, the individual must also complete any prescribed follow-up treatment. Additionally, the individual must successfully complete an approved alcohol highway safety school.

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Possible Revocation of Chester County ARD Program

If an applicant’s DUI ARD application is approved, but the applicant failed to enter the program on the scheduled hearing date, the applicant may face serious consequences. For example, the ARD approval may be revoked, or the applicant may face additional license suspension, community services and/or other sanctions.

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Skinner Law Firm | West Chester, Pennsylvania DUI Defense Attorney

If you have been charged with a DUI in Chester County, Delaware County, Montgomery County or Lancaster County, and are considering entering the ARD program, contact an experienced criminal defense attorney to discuss the particular facts of your case. Attorney Michael J. Skinner will guide you through the process and help you determine a course of action that is in your best interest. Contact the Skinner Law Firm at (267) 388-3476 to discuss the facts of your first DUI arrest and eligibility for the ARD program in Pennsylvania.