Can I get ARD for my DUI charge?
ARD Eligibility for DUI Charges in Pennsylvania
If you’ve been charged with Driving Under the Influence (DUI) in Pennsylvania, you may be wondering if you qualify for Accelerated Rehabilitative Disposition (ARD). ARD is a pretrial diversion program that can result in dismissal of DUI charges and eventual expungement of the arrest record. However, ARD is a privilege—not a right—and eligibility is determined by both state law and prosecutor discretion.
Legal Disqualifications for ARD in DUI Cases
Under 75 Pa.C.S. § 3807, you are not eligible for ARD in Pennsylvania for a DUI if any of the following apply:
You have a prior DUI conviction or previously completed ARD for DUI within the past 10 years.
You had a passenger under the age of 14 in the vehicle at the time of the DUI.
The DUI involved an accident that caused serious bodily injury or death to another person.
If none of these exclusions apply, you may be legally eligible to be considered for ARD—but it’s important to understand that approval is not automatic.
Who Decides ARD Eligibility for DUI?
The decision to grant ARD lies entirely with the district attorney, not the judge. Prosecutors evaluate a range of factors when determining whether to approve ARD for a DUI charge, including:
The blood alcohol content (BAC) level at the time of arrest
Whether the DUI involved a traffic accident
If anyone was injured
The person’s attitude and cooperation with law enforcement
Prior criminal history or poor driving record
Evidence of rehabilitation efforts, such as drug or alcohol counseling
How a DUI Attorney Can Help Improve Your Chances
An experienced DUI defense lawyer can submit a mitigation package to the district attorney that highlights your character and supports your request for ARD. A strong mitigation package may include:
School transcripts and academic achievements
Employment history or resume
Letters of recommendation or character references
Proof of treatment or counseling for substance abuse
The goal is to humanize the client and show the DA that this was an isolated mistake—not a pattern of behavior.
Can You Appeal an ARD Denial?
While a motion to challenge a DA’s denial of ARD can be filed, the probability that a judge will overrule the denial is very low. The only grounds to challenge a denial would be to prove that it was based on unlawful discrimination (e.g., race, gender, religion, or sexual orientation). That standard is very difficult to meet. This makes it critical to work with a DUI attorney who is familiar with the local practices and prosecutorial preferences in the county where your case is filed.
Free DUI Case Consultation
State College criminal defense attorney Jason S. Dunkle has been representing individuals charged with DUI offenses since 2004 in Centre, Clinton, Huntingdon, and Mifflin counties.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.