ARD Viable Alternative Pennsylvania Sentence for First-Time DUI Offenses According to Pittsburgh DUI Attorney Michael Worgul

BRANDON, MS, March 04, 2011 (Press-News.org) A person arrested for DUI in Pennsylvania often faces an uncertain future because a Pennsylvania DUI is a serious charge that can have a long-term negative impact on your reputation, current employment and future career aspirations. Even a first-time DUI conviction in Pennsylvania can result in serious penalties that increase in severity based on the degree of impairment (i.e. breath alcohol concentration level) including jail time, substantial fines, loss of driving privileges, DUI school, probation and other penalties. However, some first-time DUI offenders in Pennsylvania qualify for a special alternative sentencing or diversion program called ARD that can keep a first time offender out of jail and protect one's reputation by keeping a DUI conviction off one's criminal record.

The Accelerated Rehabilitation Disposition (ARD) program is available to many first-time DUI offenders in Pennsylvania. The ARD program is an alternate sentencing program that permits a first-time DUI offender to avoid jail time and have his or her arrest expunged once a participant has successfully complied with the terms of the program. Because ARD can clear your criminal record of a DUI, it can protect your reputation so that future employers, landlords, licensing agencies or others conducting a background check do not discover your DUI arrest. While the ARD program is a viable option for some Pennsylvania DUI first offenders, it is not necessarily available or even the best option for everyone facing a first-time Pennsylvania DUI arrest. An experienced Pennsylvania DUI attorney will assess your situation and can advise you about whether you meet the requirements for the ARD program as well as whether it is the best option for you.

A person is disqualified from participation in the ARD program even in the case of a first-time DUI charge if certain aggravating sentencing factors apply. Any driver who is involved in an accident that causes serious injury or death to another person will be disqualified from participation in the ARD program. A person who was driving with a child under the age of 14 in the car at the time of his or her DUI arrest is also excluded from the ARD program. Although the ARD program is designed for first time offenders, a DUI offense that is more than ten years old will not necessarily disqualify someone from participating. Anyone with a DUI offense that is more than 10 years old should seek legal advice from a Pennsylvania DUI attorney regarding their eligibility for participation in the ARD program. The district attorney must also recommend a person for the ARD program and will contact any accident victims to determine if there are objections.

The ARD program is an excellent way to avoid some of the most negative consequences of a DUI conviction but may not be the best alternative for everyone arrested for DUI. Michael V. Worgul, an experienced Pennsylvania DUI defense attorney, points out that you may have a viable defense to your DUI charges based on the circumstances of your DUI stop or arrest, mistakes in field sobriety or blood alcohol testing or other procedural or factual grounds. Even though successful completion of the ARD program permits you to clear your permanent record of a first-time DUI, a subsequent conviction which occurs within a ten-year period will be considered a repeat offense. The penalties for second and subsequent DUI convictions in Pennsylvania increase in severity so it may be advisable to challenge your DUI charges if you have a defense that is likely to be successful. A Pennsylvania DUI lawyer can advise you regarding your prospects for obtaining a dismissal or prevailing at trial so that you can assess whether the ARD program is appropriate for your situation.

The ARD program is similar to receiving a sentence with two-years probation for a DUI. You will be subject to supervision but will have your charges dismissed if you successfully complete the ARD program. You must meet all requirements of your ARD program, which includes reporting to supervision meetings, completing DUI school, paying any court ordered restitution and satisfying any additional requirements imposed by the court. If you do not satisfy all of the requirements of your ARD program, your original DUI charges will be reinstated. Ultimately, the ARD program can keep you out of jail and protect your reputation. If you are facing a first-time DUI charge, you should contact an experienced Pittsburgh DUI lawyer who can help you determine whether the ARD program is a viable and advisable option in your case.

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