ARD Program in Pennsylvania: Is It Right for Your DUI Case?
After being charged with your first DUI in Pennsylvania, you may hear attorneys, prosecutors, and even police officers mention "ARD." But what exactly is ARD, and could it be the key to avoiding a permanent criminal conviction?
Accelerated Rehabilitative Disposition (ARD) is Pennsylvania's most valuable pretrial diversion program for first-time DUI offenders. Understanding how ARD works—and whether you qualify—can dramatically impact the outcome of your case and your future.
What Is ARD?
Accelerated Rehabilitative Disposition (ARD) is a pretrial intervention program designed for first-time, non-violent offenders in Pennsylvania. Instead of proceeding to trial and potentially receiving a criminal conviction, eligible defendants can complete the ARD program and have their charges dismissed.
ARD is not an admission of guilt. You enter ARD before being convicted, meaning you complete the program instead of going through a criminal trial. Upon successful completion, your DUI charge can be expunged from your record.
This makes ARD fundamentally different from a guilty plea or conviction—it gives you a second chance without the permanent mark of a criminal record.
Who Qualifies for ARD in Pennsylvania?
Not every DUI defendant qualifies for ARD. Eligibility requirements include:
No Prior DUI Convictions
ARD is generally reserved for first-time DUI offenders. If you have any prior DUI conviction—even one from decades ago or from another state—you typically won't qualify.
No Prior ARD Participation
If you've previously completed ARD for any offense (DUI or otherwise) in Pennsylvania within the past 10 years, you're ineligible for ARD again.
No Serious Accident with Injuries
If your DUI involved an accident that caused serious bodily injury or death, you'll be disqualified from ARD. Minor fender-benders without injuries typically don't disqualify you.
No Minor Passengers
If you had a passenger under 14 years old in your vehicle at the time of arrest, you're generally ineligible for ARD.
No Commercial Vehicle
If you were operating a commercial vehicle when arrested, ARD may not be available.
Prosecutor Approval Required
Even if you meet all eligibility criteria, the district attorney's office must approve your ARD application. Prosecutors have discretion and can deny ARD for various reasons, including high BAC levels (typically .30% or higher), aggressive behavior, or public safety concerns.
Benefits of ARD for DUI Cases
Successfully completing ARD offers significant advantages:
No Criminal Conviction
The most important benefit: ARD allows you to avoid a criminal conviction entirely. Your DUI charge is dismissed upon completion, meaning you won't have a DUI conviction on your record.
Expungement Eligibility
Once you complete ARD, you can petition to have your arrest record expunged (erased). After expungement, the arrest won't appear on background checks, and you can legally state you were never convicted of DUI.
Reduced License Suspension
ARD participants typically face shorter license suspensions than those convicted at trial:
• General Impairment (.08-.099% BAC): 30-day suspension
• High BAC (.10-.159%): 60-day suspension
• Highest BAC (.16% and above): 90-day suspension
These suspensions are considerably shorter than the 12-18 month suspensions that follow DUI convictions.
No Jail Time
ARD participants don't serve jail time. You'll complete probation, classes, and community service instead.
Lower Costs
While ARD involves fees and program costs, the total financial impact is typically less than a DUI conviction, which carries higher fines, increased insurance rates, and potential job loss.
ARD Program Requirements
If accepted into ARD, you must complete several requirements:
Probation Period
You'll be placed on probation for 6-12 months (sometimes up to 24 months). During probation, you must:
• Report to your probation officer as required
• Refrain from further criminal activity
• Abstain from alcohol and drugs
• Submit to random drug/alcohol testing
• Maintain employment or education
Alcohol Highway Safety School
You must attend and complete a 12.5-hour alcohol highway safety school course. This state-mandated program educates participants about the dangers of impaired driving.
Drug and Alcohol Treatment
Based on a court-ordered evaluation, you may be required to complete drug and alcohol counseling or treatment. This can range from outpatient therapy to intensive inpatient programs, depending on your assessment.
Community Service
Many counties require ARD participants to complete community service hours, typically ranging from 24 to 100 hours depending on your BAC level and the county's requirements.
Victim Impact Panel
You may be required to attend a victim impact panel, where individuals affected by drunk driving accidents share their stories.
Court Costs and Fees
ARD participants must pay various costs, including:
• ARD program fee ($500-$1,000+)
• Court costs ($300-$500)
• Probation supervision fees ($50-$75/month)
• Alcohol highway safety school ($150-$200)
• Drug/alcohol evaluation and treatment (varies)
• Ignition interlock device (if required)
Total costs typically range from $2,000 to $5,000, depending on your county and circumstances.
License Suspension and Ignition Interlock
ARD participants face mandatory license suspension. Additionally, if your BAC was .10% or higher, or if you refused chemical testing, you'll be required to install an ignition interlock device on your vehicle.
The ignition interlock must remain installed for the duration of your license suspension, and you'll pay monthly monitoring fees (~$75-100/month).
ARD Application Process
Applying for ARD involves several steps:
1. Attorney Consultation
Hire an experienced DUI defense attorney to evaluate your eligibility and guide you through the process. Your attorney will communicate with the prosecutor to advocate for your ARD acceptance.
2. Formal Application
Your attorney submits a formal ARD application to the district attorney's office. This includes your criminal history, details about your arrest, and any mitigating factors.
3. Prosecutor Review
The prosecutor reviews your application and decides whether to approve or deny ARD. This process can take several weeks.
4. Court Hearing
If approved, you'll attend an ARD acceptance hearing before a judge. The judge explains the program requirements and ensures you understand your obligations.
5. Program Completion
You complete all ARD requirements within the specified timeframe, typically 6-12 months.
6. Case Dismissal
Upon successful completion, the court dismisses your DUI charge.
7. Expungement Petition
After dismissal, you can petition for expungement to remove the arrest from your record entirely.
When ARD Might Not Be Your Best Option
While ARD is beneficial for most first-time offenders, there are situations where fighting your case at trial might be better:
Strong Defense Available
If you have a strong defense—such as an illegal traffic stop, improperly administered tests, or lack of probable cause—going to trial and winning means no consequences at all, not even the ARD requirements.
ARD Denial Likely
If the prosecutor is unlikely to approve ARD (very high BAC, accident with injuries, etc.), you may need to prepare for trial from the start.
Out-of-State Defendants
If you live out of state, completing ARD requirements (attending classes, meeting with probation) can be logistically challenging and expensive.
Professional License Concerns
Some professional licensing boards treat ARD participation similarly to a conviction. Doctors, nurses, lawyers, and teachers should carefully consider how ARD might affect their license.
ARD vs. Going to Trial
Deciding between ARD and trial requires careful analysis:
ARD Advantages:
• Guaranteed outcome (if you complete the program)
• No criminal conviction
• Shorter license suspension
• Expungement eligibility
• No trial uncertainty
Trial Advantages:
• Possibility of complete dismissal
• No program requirements if acquitted
• No costs if case is dismissed
• Opportunity to challenge evidence
Your attorney should analyze the strength of the Commonwealth's evidence, the likelihood of ARD approval, and your personal circumstances to help you make the best decision.
What Happens If You Violate ARD?
ARD is a privilege, not a right. If you violate ARD terms—by committing a new crime, failing drug tests, missing appointments, or not completing requirements—you can be removed from the program.
If removed from ARD, your case proceeds to trial as if you never entered the program. You'll face the original DUI charge and potential conviction with full penalties.
This is why it's critical to take ARD seriously and complete all requirements on time.
ARD and Future Employment
Even though ARD doesn't result in a conviction, the arrest record exists until you complete expungement. During this time:
• Background checks may show the arrest
• You may need to explain the situation to employers
• Some applications ask about ARD participation specifically
After expungement, the arrest is removed, and you can honestly answer "no" when asked if you've been arrested or convicted of DUI.
Common ARD Myths
Myth: ARD Is Automatic for First-Time Offenders
False. ARD requires prosecutor approval and isn't guaranteed. High BAC, accidents, or aggravating factors can lead to denial.
Myth: ARD Means No License Suspension
False. ARD participants still face license suspension, though shorter than conviction suspensions.
Myth: ARD Is the Same as Probation
False. ARD is a pretrial diversion program. You're not convicted, and successful completion results in dismissal.
Myth: You Can Get ARD Multiple Times
False. Pennsylvania allows ARD only once every 10 years, and DUI ARD is typically once in a lifetime.
Protect Your Future with ARD
If you're facing your first DUI charge in central Pennsylvania, understanding ARD and whether you qualify is essential. ARD offers a path to avoid a criminal conviction, protect your driving privileges, and move forward without a permanent mark on your record.
However, navigating the ARD process requires experienced legal guidance. Prosecutors don't automatically approve ARD applications, and mistakes during the process can jeopardize your eligibility.
Contact Attorney Sean Quinlan immediately if you've been charged with DUI. We'll evaluate your ARD eligibility, advocate for your acceptance, and guide you through every step of the process. Your future is too important to leave to chance—let us help you achieve the best possible outcome.
