If you have been charged with driving under the influence (DUI) in Pennsylvania, you might be eligible for a remedy that spares you from prosecution. The Accelerated Rehabilitative Disposition (ARD) program is designed for non-violent, first-time offenders. Rather than going through the traditional criminal process, ARD offers the chance to avoid the stigma and legal consequences of a DUI conviction.

Accelerated Rehabilitative Disposition is a pre-trial diversion program administered by the Pennsylvania court system and overseen by the District Attorney’s Office in each county. To qualify for ARD after a DUI charge, you must be a first-time offender. You cannot have any prior record of DUI or serious criminal convictions. Eligibility also requires that your arrest did not arise from an accident causing serious injuries or death. Commercial drivers are almost always excluded from the program.

Qualifying defendants can have their DUI cases put on hold if they admit responsibility and agree to certain conditions. These may include a term of probation, usually lasting between six and 12 months; attendance at alcohol highway safety school; completion of community service hours; and submission to a drug and alcohol evaluation with treatment if recommended. Program participants are responsible for paying any associated fines, court costs and supervision fees. Throughout the program, compliance is monitored closely by the probation department. Failure to comply with any of the ARD requirements can lead to removal from the program and reinstatement of the original DUI charges.

Even with admission into the ARD program, you might still have your driving privileges suspended. The length of suspension depends chiefly on your blood alcohol content (BAC) at the time of arrest. If your BAC is under 0.10 percent, there is typically no license suspension. For BAC levels between 0.10 percent and 0.16 percent, a 30-day suspension is imposed. If the BAC is above 0.16 percent, or if you refused to submit to chemical testing, a 60-day suspension is likely. However, you might qualify for an occupational limited license, which permits driving to and from work, school or medical appointments.

The ARD program offers a chance for first-time DUI offenders to avoid having their lives permanently altered by a mistake. However, entry into ARD is not automatic. You must act quickly, as the application for ARD usually must be filed within 30 days of arraignment. An experienced DUI defense attorney can assess your eligibility, assist with the application, facilitate your progress through the program and work to protect your rights and future. 

The attorneys at Phil DiLucente & Associates, LLC in Pittsburgh represent drivers charged with DUI throughout western Pennsylvania. We are dedicated to achieving the best possible outcome for each client. Call us at 1.800.GET.PHIL or contact us online for a free initial consultation.