Failure to Complete Requirements
When the judge formally admits a person into the ARD program for a DUI offense, the judge orders that you complete certain requirements and comply with certain conditions. The probation department is often responsible for informing you about the details of what is required and expected of you with regard to your ARD program. If you fail to complete the requirements or violate the conditions of ARD for a DUI case, the district attorney may seek to have you removed from the ARD program by a judge. A failure to successfully complete ARD can prohibit you from being able to have your record expunged. The district attorney is permitted to terminate your participation in the ARD program if you: 1) fail to meet requirements of the program as set forth by law; 2) are charged with or commit an offense under the Crimes Code; or 3) violate any other condition imposed by the court. If the judge grants the district attorney's motion and terminates your participation in the ARD program, the district attorney thereafter resumes prosecution of the charges against you. If you were then convicted of DUI, you would be subject to the mandatory minimum penalties for a DUI conviction as set forth by state law. An experienced DUI defense attorney should be able to explain the conditions and requirements of ARD before you are admitted into the program so that you know what to expect.