ARD is a pretrial diversion program which places first time drunk driving offenders into a probationary program with evaluations, safe driving programs and substance abuse treatment options if recommended. The program is in lieu of a criminal conviction and record.
Your ARD eligibility for the program must be upon the request of the prosecuting attorney, which is up to the prosecutor’s complete discretion. Additionally, there are ARD eligibility requirements that vary by county, which at a minimum include the following:
- First offense for DUI and no other prior misdemeanor, felony or ARD disposition.
- No serious bodily injury (other than the defendant) as a result of an accident. 75 Pa. C.S.A. 3807 (a)(2)(ii)
- No passenger under 14 years of age in the vehicle the defendant was operating. 75 Pa. C.S.A. 3807 (a)(2)(iii)
- Defendant must have had a valid driver’s license that was not suspended, revoked, or cancelled at the time of arrest for DUI.
- Defendant must undergo a drug and alcohol evaluation prior to admission into the ARD Program, and participate thereafter in any recommended treatment or counseling.
At Amori & Associates, LLC, experienced criminal defense attorney Robert A. Saurman would be happy to discuss your legal situation. Please contact Amori & Associates at (570) 421-1406 for a no obligation consultation.