ARD AND DUI
QUESTIONS AND ANSWERS WHAT IS ARD'?
ARD stands for the Accelerated Rehabilitative Disposition program. Quite simply, this program gives first time offenders the oppOliunity to dispose of their case without an admission of guilt, without a criminal record and without the potential for a jail sentence.
WHO IS ELIGIBLE'?
In driving under the influence of alcohol cases only first offenders and those defendants who do not have a prior DUI conviction or entry into the ARD/DUI program within the last ten (10) years are eligible for application to the program. However, you will not be admitted to the ARD program if any of the following are also true: a. b. c. d. e. You did not have a valid drivers license at the time of the arrest. There was an accident which resulted in serious bodily injury or death. You were on parole or probation at the time of the incident. You were involved in fleeing or eluding the police during the incident. You were involved in any other felony or misdemeanor in addition to the DUI charge. You had a passenger in your vehicle under age 14. You have prior convictions for misdemeanors or felonies which are nonDUI related. You have any pending misdemeanor or felony criminal charges pending in the State of Pennsylvania or any other state or federal jurisdiction. You were not in the United States legally at the time you were arrested or apply for the ARD Program. The burden is on you to show that you were legally in the United States at the time charges were filed and at the time you enter the ARD Program. You failed to waive your Preliminary Hearing.
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WHAT ARE THE REQUIREMENTS OF THE PROGRAM'?
If you are accepted into the ARD program, the following conditions will probably be imposed. a. b. c. You will be placed on supervised probation for up to nine (9) months. You will have to attend and successfully complete the alcohol safe driving school. You may be ordered to undergo alcohol or drug programs. In the most severe cases there is the possibility that you could be ordered to attend an
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inpatient program, however, you would have an absolute right to a Court hearing before this order could be made. You will have to pay $1655.00 in fees and costs. In accordance with Act 198 of 2002 you will have to pay $100.00 if your BAC is below .15 and $300.00 if your BAC is .15 or greater or if you refused a blood or breath test. You will be ordered to perform forty (40) hours of public service. You will be ordered to pay restitution for any personal or property damages suffered by other persons as the result of your incident. You will have to abstain from the use of alcohol for the nine (9) month supervised probationary period. You must abide by all federal and state laws and abide by the reasonable requests of the Probation Office. You may lose your driver's license for up to two (2) months. (See below).
HOW LONG WILL I LOSE MY LICENSE? Your driver's license suspension will be based on your breath or blood analysis result. You may lose your license anywhere from one month up to three months. If you refuse a breath or blood test, you will lose your license for 12 months for the refusal in addition to any suspension imposed by the Court. 1. 2. 3. 4. 5. 6. BAC .099 or less = no suspension BAC .10 - .159 30 days BAC .16 or greater = 60 days BAC unknown (i.e. refusal) = 60 days Accident with bodily injury andlor propeliy damage 60 days Defendant under 21 and BAC .002 or greater 90 days
WHAT IF I DRIVE WHILE MY LICENSE IS SUSPENDED? You will be charged with driving under suspension. This charge has a mandatory jail sentence of sixty (60) days to ninety (90) days and a mandatory $500.00 fine and loss of license for 12 months. In addition, you will be revoked from the ARD program. WHEN WILL I LOSE MY DRIVER'S LICENSE? PennDOT will contact you following your entry into the ARD program to inform you of the date that your license will be suspended. WHAT IF I AM REVOKED FROM THE PROGRAM? If you are accepted into the ARD program and violate any of the conditions of that program, you will be revoked from the ARD program. This means that you will be treated as if you were never accepted and will be prosecuted for the original DUI charge.
Furthermore, if you are convicted of the DUI charge your license will be suspended for twelve (12) months and you will receive no credit for the time your license was suspended while on ARD. WHAT IS A CRN EVALUATION? CRN stands for the Court Reporting Network. The law mandates that you must obtain a drug and alcohol evaluation (CRN Evaluation) from an appropriate agency. In Adams County the Adult Probation Department located at 111-1117 Baltimore Street, Suite 302, Gettysburg, PA, perform the CRN Evaluations. A referral for a CRN will be sent to the Probation Department after your preliminary hearing at the District Justice office. You will be sent an appointment by the Probation Office for which you are expected to report. WILL ACCEPTANCE INTO THE ARD PROGRAM GIVE ME A CRIMINAL RECORD? If you are accepted into the ARD program and successfully comply with all of its conditions, you will not have a prior criminal conviction; however, if you are arrested again for Driving Under the Influence within 10 years, you will be treated as a second offender. WHAT RIGHTS AM I GIVING UP BY ENTERING INTO THE PROGRAM? In order to be considered for the ARD program, you must waive your rights to a speedy trial and your right to have a trial within 365 days from the time of the charge. This is necessary in order to allow trial if you are later revoked from the ARD program. HOW DO I APPLY FOR THE ARD PROGRAM? Enclosed with this form is an ARD/DUI application and waiver form. This form must be completed and provided to the Adams County Adult Probation Department when you appear for your CRN Evaluation. If you are accepted into the ARD/DUI program, you may enter the program at your formal arraignment.
Rev. 05113
