No License Suspension Credit if ARD Revoked in PA DUI Case
Posted in DUI,License Suspension on June 22, 2025
Credit for ARD License Suspension
Most people that accept ARD for a PA DUI case face a license suspension. If that person is later removed from ARD and then convicted of the DUI, PennDOT will normally impose a 12-month license suspension unless the DUI charge is in the lowest tier. The lowest tier, first offense DUIs do not carry a license suspension. People believe that they should be given credit for the suspension time that was served on ARD so that the 12-month supsension should be reduced accordingly.
Spoiler Alert: The answer is that no credit is given.
In the case of PENNDOT v. Foltz, 290 A.2d 1133 (Pa. Commw. Ct. 2022), the court addressed whether drivers in Pennsylvania can receive credit for a 60-day license suspension under ARD (Accelerated Rehabilitative Disposition) when they later face a 12-month suspension for a DUI conviction.
⚖️ Court’s Ruling in PENNDOT v. Foltz
Procedural History
Foltz entered ARD after a DUI, agreeing to the 60‑day license suspension.
He later was convicted of DUI, prompting a separate 12‑month suspension by statute.
The trial court granted him 60 days’ credit toward that 12-month period.
PENNDOT appealed.
The Commonwealth Court held that:
The 60-day ARD suspension and 12-month DUI suspension are separate and cumulative.
🔍 Legal Reasoning
The ARD suspension arises as part of a plea/admissions package under § 3807(d), not from conviction.
The DUI suspension under § 3804(e) triggers automatically upon conviction, regardless of ARD status.
The statutes’ plain language creates two separate, non-overlapping suspensions, and the trial court cannot overlap or offset them.
💡 Key Takeaways for DUI Lawyers and Pennsylvania Drivers
✅ 1. ARD Suspension Is Not a “Get Out of Jail Free” Card
Entering ARD doesn’t guarantee lighter penalties if you’re later convicted of DUI. The suspension periods don’t merge.
✅ 2. Suspensions Are Cumulative, Not Overlapping
A driver may serve 14 total months of suspension: 60 days from ARD + 12 months for the DUI.
✅ 3. Trial Courts Have No Discretion to Adjust
Only the legislature can create exceptions. The court must enforce suspensions exactly as the law dictates.
Ignition Interlock Limited License Option (IILL)
A driver facing a suspension for a DUI may be eligile to obtain an IILL that would permit the person to drive a vehicle that is equipped with an interlock device. Many DUI convictions also mandate that a 12-month interlock requirement before a normal license can be obtained. This means that a person should get the IILL to allow the person to drive and also receive credit towards completing the 12-month interlock requirement.
For more info about the IILL, click here.