Like many states, Pennsylvania has a program for first-time offenders that allows them to avoid being convicted of the crime with which they are charged, provided they meet the conditions of the program. Known as Accelerated Rehabilitative Disposition, or ARD, the program aims to rehabilitate offenders rather than impose criminal sentences.
As one recent news story observed, and as the state legislature realized, the state’s new drunk-driving law contains a flaw. Since August 25, 2017, when the new DUI law went into effect, first-time DUI offenders with a blood-alcohol content of 0.10 percent or more are faced with a choice. They can decide to plead guilty, install an interlock ignition device, and keep their driving privileges, or enter ARD and avoid a DUI conviction—but face a 30 to 90-day license suspension.
ARD is a diversionary program that allows first-time offenders to meet certain conditions and, at the conclusion of the program, expunge their records. The program is intended for first-time offenders who are willing to submit to treatment and rehabilitation rather than face criminal penalties.
First-time DUI offenders who participate in the program will not have DUI convictions on their records. Unfortunately for them, under the new DUI statute, entering ARD carries a 30 to 90-day license suspension, plus court-imposed options like community service. Too late, the state legislature realized the negative incentive to opt for ARD, and passed another law allowing ignition interlocks for first-time DUI offenders in the ARD program. That provision, however, will not go into effect until October 20, 2018.
People eligible for the program file applications with the court. If the court approves the application, it usually puts the person on probation, and may require payment of fines and costs associated with probation, and may order completion of community service. Upon successfully completing the requirements imposed by the court, ARD participants can petition the court to expunge their records, and if the court grants this, they will have no DUI convictions on their records.
The advantages of not having a DUI conviction on your record are many and obvious. If you hold a commercial driver’s license, a DUI conviction will prevent you from working as a commercial truck driver. If you drive a company vehicle, a DUI could restrict your ability to perform your job and even lead to your dismissal. Consult an attorney to see how you can avoid those and other consequences.
If you were arrested on DUI charges in the Philadelphia area, consult a criminal defense attorney to explore your options. You might be eligible for the ARD program and can avoid having a DUI conviction on your record. The attorneys at The Skinner Law Firm can help. Reach us at (610) 436-1410 or through our online contact form.
The consequences of a conviction or a crime involving controlled substances, even at a young age, even for a minor drug offense, can last far into the future. The long-term consequences, in fact, can greatly exceed those of the immediate punishment and can damage future education opportunities, employment, and the exercise of basic rights such as voting and gun ownership.
Among high school teens and college students, drug crimes rank high among fairly common transgressions. Some of these convictions, such as simple possession or use of marijuana, are minor, while others, such as dealing or distribution of illegal drugs, are far more serious. Even a conviction for minor charges, however, could cost you your federal student aid—including federally subsidized loans, scholarships, or grants, or participation in federally sponsored work-study programs. You could possibly regain eligibility for federal student aid under certain circumstances, potentially including a waiting period or successful completion of a drug rehabilitation program. Nonetheless, even a temporary disruption in such funding sources can create a major setback to obtaining a college education.
The consequences aren’t limited to federal education aid. Private organizations that fund scholarships, as well as colleges and universities, most of which offer scholarships, grants, and other forms of financial aid, have differing requirements for students to maintain their eligibility for financial aid. Many are fairly rigid about criminal convictions ending aid eligibility. Once again, a drug conviction can have long-lasting consequences.
The Council of State Governments’ Justice Center has tabulated all of the offenses that carry administrative penalties and other consequences that go beyond the immediate.
By Michael Skinner |
05 Jan, 2020
By Michael Skinner |
11 Dec, 2019