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Am I eligible for ARD? (DUI) |
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Generally, you are eligible for the ARD program in York County for a DUI case if you meet the following criteria:
- The DUI offense is the first one you have had in the last ten years, and
- You have not had any other misdemeanor or felony offenses within the last ten years, and
- 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:
- When you were driving, you had a passenger under the age of 14 years in your vehicle.
- You were involved in an accident, and somebody other than you was killed or suffered "serious bodily injury."
- You miss the application deadline of thirty days past the date of arraignment.
- If you were on probation or parole at the time of the DUI offense.
- 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).
- If, in addition to the DUI, you were cited for any of the following:
- Driving without a license (75 Pa.C.S.A. Section 1501);
- Driving under suspension (75 Pa.C.S.A. Section 1543);
- 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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