The ABC’s of DUI and ARD

No, this is not our foreign language edition – just a peek at what happens to first time offenders caught driving under the influence of alcohol or a controlled substance.

In Pennsylvania, if you are convicted of driving with a blood alcohol level of .10% or higher, you can look forward to a mandatory 48 hour jail stay, a minimum fine of $300 and a minimum license suspension of one year.

For first time offenders with otherwise clean records, it may be possible to lessen the impact of a DUI arrest by accepting what is known as ARD – Accelerated Rehabilitative Disposition. This is a pretrial diversionary program which, if successfully completed, results in no conviction but carries a fine (usually in the range of $300), a mandatory safe driving school, screening for chemical dependency, a period of probation (usually one year) and a reduced period of license suspension (anywhere from one to six months depending on the particular county and the blood alcohol level of the driver). Though not a conviction, an ARD disposition is considered a prior offense if you are caught a second time – resulting in harsher penalties.

Given the steep mandatory sentence resulting from a conviction, many first time offenders are best served by applying to be admitted to the ARD program. There are cases when it makes sense to defend a DUI arrest vigorously, such as where the blood alcohol level is very close to the legal limit and there has been a significant delay in obtaining a blood sample from the defendant. In most routine first offender cases, however, ARD deserves a close look.
 
– Curt Ward

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