If you have been charged with DUI for the first time in Pennsylvania, one of your biggest concerns may be whether a conviction, jail time and a permanent criminal record are inevitable.
They are not necessarily.
Pennsylvania has a pretrial diversion program called Accelerated Rehabilitative Disposition, commonly known as ARD, that may be available to some people facing a first DUI charge. Successful completion of ARD can result in the DUI charges being dismissed and may provide an opportunity to have the criminal record expunged.
But ARD is not automatic, and it is not the right path in every case. Before assuming you should pursue ARD, it is important to have a criminal defense attorney review the circumstances of your arrest, the evidence against you and the other options that may be available.
What Is ARD in Pennsylvania?
ARD is a diversionary program designed primarily for eligible first-time offenders. Instead of proceeding through the traditional criminal court process toward a conviction and sentence, an eligible defendant may be admitted into ARD and required to complete certain conditions established by the court.
For a DUI case, those requirements may include:
- Court supervision
- Alcohol Highway Safety School
- A drug and alcohol evaluation and, when required, treatment
- Payment of court costs and program fees
- Restitution, if applicable
- A driver’s license suspension in some cases
- Other conditions imposed by the court
The specific requirements can vary based on the circumstances of the DUI and the county where the case is being handled.
If you successfully complete the program, the charges can be dismissed. You may then be eligible to have the criminal case expunged.
Who Is Eligible for ARD After a DUI?
ARD is often associated with a first DUI, but simply having no previous DUI conviction does not guarantee that you will be admitted.
Pennsylvania law identifies circumstances that can make someone ineligible for DUI ARD. For example, eligibility can be affected by a prior DUI conviction or previous ARD within the applicable lookback period, a crash in which another person was killed or seriously injured or having a passenger under age 14 in the vehicle.
The district attorney’s office also plays a role in the ARD process. Admission is not something a defendant can simply elect on their own.
That is one reason I recommend speaking with an attorney as early as possible after a DUI arrest. A DUI Defense attorney can review your history and the facts of the case and help you understand whether ARD is a realistic option.
Does ARD Mean I Am Pleading Guilty?
No. Entering the ARD program does not mean you are pleading guilty or admitting to the allegations against you. ARD is a pretrial diversionary program, which means the case is handled outside the traditional process of entering a guilty plea and proceeding to sentencing.
If you are accepted into ARD, you will be required to comply with certain conditions established as part of the program. Successfully completing those requirements can allow the criminal charges to be dismissed and may provide an opportunity to have the record expunged.
Because ARD has specific requirements and consequences, it is important to understand what participation means in your particular case before deciding how to proceed.
Will I Lose My Driver’s License If I Enter ARD?
Possibly.
For DUI cases, the driver’s license consequences associated with ARD depend on factors including your blood alcohol concentration (BAC) and the circumstances of the alleged offense.
Under Pennsylvania’s ARD provisions, some participants may face no license suspension, while others may face a suspension of 30, 60 or 90 days.
There may also be separate driver’s license consequences if you refused chemical testing. Those issues are distinct from the criminal DUI case and can be especially important to address quickly.
Because driving privileges can affect your ability to work and manage everyday responsibilities, make sure you understand the potential license consequences before entering ARD.
Does ARD Make a DUI Disappear from My Record?
Successful completion of ARD can put you in a much better position to clear the criminal record associated with the case, but it is important to understand what “expungement” means and what it does not mean.
After successful completion of ARD and dismissal of the charges, you may be eligible to seek expungement of the criminal record. Expungement is a separate legal process and should not simply be assumed to happen automatically in every respect.
There can also be records maintained for certain legal and administrative purposes. For example, Pennsylvania law can treat a previous ARD differently if a person is later charged with another DUI.
If the long-term impact on your criminal record, employment or professional license is a particular concern, discuss that with your attorney before entering the program.
Is ARD Always the Best Choice for a First DUI?
Not necessarily.
ARD can be an excellent outcome in the right case, but being eligible for ARD does not mean you should automatically accept it without first looking at the evidence.
There may be legal or factual issues with the traffic stop, field sobriety testing, chemical testing, blood draw, arrest or other aspects of the case. Depending on the circumstances, those issues could affect the prosecution’s ability to prove the DUI charge.
The first question should not simply be, “Can I get ARD?”
It should be, “What are my options, and which approach makes sense based on the facts of my case?”
That requires looking at the entire case before making a decision.
What Should I Do After a First DUI Arrest?
If this is your first DUI, it may be tempting to wait for the court process to unfold or see whether ARD is offered.
You should not wait to speak with an attorney.
Contacting a DUI defense attorney as soon as possible after your arrest gives your attorney an opportunity to review the circumstances of the case, identify potential issues with the evidence, explain the process ahead and help you understand whether ARD or another approach may be available.
Getting legal advice early can also help you avoid making decisions before you fully understand how they could affect your case, your driving privileges and your record.
At Dethlefs, Pykosh & Murphy, we represent individuals facing DUI and other criminal charges throughout Central Pennsylvania. We can review the circumstances surrounding your arrest, explain what comes next and help you evaluate your options before you make decisions that could affect your license, your record and your future.
If you have been charged with a first DUI in Pennsylvania, contact our criminal defense team to discuss your case.
