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Am I eligible for ARD? (DUI) PDF Print E-mail

Generally, you are eligible for the ARD program in York County for a DUI case if you meet the following criteria:

  1. The DUI offense is the first one you have had in the last ten years, and
  2. You have not had any other misdemeanor or felony offenses within the last ten years, and
  3. You have not had any prior ARD dispositions in the last ten years (either DUI or non-DUI).
Certain things can disqualify you for ARD. If any of the following apply, you will generally not be eligible for ARD for a DUI case:
  1. When you were driving, you had a passenger under the age of 14 years in your vehicle.
  2. You were involved in an accident, and somebody other than you was killed or suffered "serious bodily injury."
  3. You miss the application deadline of thirty days past the date of arraignment.
  4. If you were on probation or parole at the time of the DUI offense.
  5. If you have multiple unrelated offenses on your ARD application (i.e. a DUI plus an offense from another date, but close in time to the DUI).
  6. If, in addition to the DUI, you were cited for any of the following:
    1. Driving without a license (75 Pa.C.S.A. Section 1501);
    2. Driving under suspension (75 Pa.C.S.A. Section 1543);
    3. Driving without insurance (75 Pa.C.S.A. Section 1786).

You may be able to get into ARD for a DUI even if you have a prior DUI offense, if enough time has passed. You may be able to get into ARD for a DUI even if you have had a prior ARD for a DUI, if enough time has passed. You may be able to get into ARD for a DUI even if you have a prior criminal offense that was not dealt with by ARD, if enough time has passed.

You should not assume that you can or cannot get into ARD for a DUI case. You should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case and whether ARD is a good option for you.




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Newsflash

As posted here before, getting a DUI in your personal vehicle will result in a suspension of your CDL in PA for a year. The Commonwealth Court issued another decision on this on January 30, 2008.

Read more...