What Is Pennsylvania’s ARD Program
The ARD program focuses on rehabilitation over punishment, allowing eligible participants to avoid the long-term consequences of a criminal conviction. Designed for first-time offenders, ARD typically involves:
- Substance abuse treatment and counseling to address any underlying issues.
- Completing a highway safety school to increase awareness about the dangers of impaired driving.
- Community service to give back to your community.
- Restitution to compensate the victim(s) for any financial losses or damages.
- Drug and alcohol testing to ensure compliance with the program’s conditions.
Once you successfully complete the ARD program, the court will dismiss the DUI charges, allowing you to proceed without a criminal record.
After completing the ARD program, you may be eligible to petition the court to expunge your arrest record and participation in the program, effectively clearing your record of the DUI charge.
Who Is Eligible for ARD in Pennsylvania?
Not every first-time offender qualifies for ARD. The county District Attorney determines eligibility and depends on several factors, including:
- The nature and severity of the offense.
- Your prior criminal history (or lack thereof).
- Whether the offense caused harm or property damage.
- Your willingness to comply with ARD requirements.
Who Is Ineligible for ARD?
While the ARD program provides an opportunity for individuals facing DUI charges to avoid a permanent criminal record, there are some automatic disqualifiers. You will not be considered for ARD if:
- You have been convicted of a DUI within the last 10 years, unless your blood alcohol concentration (BAC) was less than 0.10 in your prior offense.
- Your current DUI charge involves an accident resulting in serious injury or death to another person.
- A passenger under the age of 14 years old was in the vehicle at the time of your DUI arrest.
However, even if you fall outside these criteria, a tenured Philadelphia DUI defense attorney can help present your case to the district attorney’s office, highlighting any mitigating factors that could make you a strong candidate for ARD.
ARD Program Benefits
The ARD program is a lifeline for first-time DUI offenders in Pennsylvania, offering an alternative to traditional penalties that prioritize rehabilitation over punishment. Key benefits of completing an ARD program can include:
No Jail Time
One of the ARD program’s most significant advantages is that participants avoid incarceration entirely. Instead of serving time, they focus on fulfilling the program’s requirements.
License Suspension Reduction
DUI convictions in Pennsylvania often result in lengthy license suspensions, making it challenging to manage work, family, or daily responsibilities. For ARD participants, the suspension period is typically much shorter, ranging from 30 to 60 days.
Expungement Opportunities
Successfully completing the ARD program allows you to petition for expungement of your DUI charges. This means the charges can be erased from your public record, restoring your clean slate and removing obstacles to employment, housing, and other opportunities.
How a DUI Attorney Helps with ARD Applications
Applying and navigating the ARD program can be complex. But having a skilled DUI attorney help you every step of the way can make all the difference in securing your enrollment. A local attorney who knows the Pennsylvania County Courts can provide comprehensive guidance and advocacy to ensure you have the best chance of being accepted into the program and successfully completing it.
Assessing Your Eligibility
Not every DUI case qualifies for ARD. Eligibility depends on factors such as your criminal history, the details of the DUI incident, and whether there were aggravating circumstances like an accident or a minor in the vehicle. A qualified DUI attorney will thoroughly evaluate your case to determine if ARD is a viable option and explain your alternatives if it is not.
Preparing a Strong Application
The ARD application process requires careful attention to detail. Missing or incomplete information can result in delays or denial. Working with an attorney ensures your application is comprehensive and compelling, including any necessary documentation, such as evidence of your clean driving record, proof of insurance, and any completed alcohol or drug education programs.
Advocating with the District Attorney
Acceptance into ARD is not automatic; it often involves negotiations with the District Attorney’s office. A local attorney will leverage their knowledge of Pennsylvania DUI law and their relationships with local prosecutors to advocate for your admission.
Filing for Expungement
One of the most significant benefits of ARD is the ability to have your DUI charges expunged after completion. This step is critical to restoring your clean record but requires filing a petition and navigating additional legal procedures. A dedicated attorney will handle this process, ensuring your record is cleared quickly and efficiently.
Why Choose Fienman Defense To Help You Apply for an ARD Program?
Selecting the right DUI lawyer is a critical decision. Fienman Defense offers unmatched skill, experience, and commitment to those looking to enroll in an ARD program and keep their record clear.
Here’s what sets Attorney Michael Fienman apart:
Extensive Experience
Attorney Fienman has successfully represented DUI clients across Philadelphia, NJ, and nearby counties. He has an impressive record in getting clients into ARD programs. His deep knowledge of Pennsylvania DUI laws enables him to offer strategic guidance at every stage of your case.
Advanced Training in DUI Detection & Field Sobriety Assessment
With specialized training in DUI detection methods and standardized field sobriety testing approved by the National Highway Traffic Safety Administration (NHTSA), the same training as most Pennsylvania police officers, attorney Fienman brings more sophistication to your defense.
This training empowers him to identify procedural errors and flaws in evidence, providing a robust defense against DUI charges.
H3: Client-Focused Approach
Our clients receive dedicated, compassionate representation tailored to their unique needs. Attorney Fienman understands the stress of a DUI charge and remains committed to supporting clients through every step of the legal process.
Call Fienman Defense at (215) 987-4302 for a free consultation.
Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
Pennsylvania’s ARD Program FAQs
1. What offenses are eligible for the ARD program in Pennsylvania?
The ARD program is primarily designed for first-time, non-violent offenses. Common examples include DUI charges without severe injury or property damage, minor drug possession, and certain theft charges. Each case is evaluated individually, and the District Attorney determines eligibility.
2. How long does the ARD program last?
The duration of the ARD program typically ranges from six months to two years, depending on the specifics of your case and the county in which it is handled. During this time, participants must complete all program requirements, such as community service, counseling, or paying fines.
H3. Can I avoid a license suspension with ARD for a DUI?
A license suspension may still apply in some DUI cases, even if you’re accepted into ARD. However, the suspension period is generally shorter—often 30 to 60 days. In cases where the offender’s BAC is below a certain threshold, a suspension may not be required.
H4. What happens if I don’t complete the ARD program?
Failing to meet the requirements of the ARD program can lead to removal from the program. If that happens, your case will return to the criminal court, where you could face the original charges and associated penalties, including jail time and a permanent record.
H5. Is ARD available for repeat offenders?
No. The ARD program is specifically for first-time offenders with no prior criminal history. If you have a prior conviction, you will not be eligible for ARD but may still explore other legal options to minimize the impact of the charges.
6. Does ARD guarantee my record will be expunged?
No. Successfully completing ARD makes you eligible to petition the court for expungement, but it is not automatic. Filing the necessary paperwork and following up with the court is crucial. Your attorney can assist you in completing this process.
7. Do I need an attorney to apply for ARD?
While it’s not required, having an experienced attorney significantly increases your chances of acceptance. Your lawyer can ensure your application is complete, advocate for you during the process, and help you navigate program requirements to ensure successful completion and expungement.
Let Michael Fienman Help You Move Forward
By working with Michael Fienman, he’ll work to guide you through Pennsylvania’s ARD program and strive to achieve the best possible outcome for your case. Whether it’s securing your acceptance into ARD or aggressively defending your rights, our team is here to help.