What Is ARD?
Alternative Rehabilitative Disposition, or ARD, is a program designed to help those arrested for first offense DUI in Pennsylvania avoid jail time, harsh fines, long license suspensions, and a permanent record. You can find more information about the program HERE. It’s all well and good, but what if you violate your ARD? What if you are caught for another DUI while still completing your ARD program?
What Should You Do If You Violate Your ARD?
First, CALL AN ATTORNEY. I don’t care if you did your first DUI on your own, an ARD violation has just upped the anti by about 5 times.
What Will An Attorney Do For You?
After you contact me, I am going to call your probation officer. We have to determine whether your ARD will be revoked. If your probation officer wants to violate your ARD, then you will be taken in front of a judge. That judge will ultimately determine whether your ARD is revoked or not. An experienced DUI Attorney may be able to convince the court not to revoke your ARD based on your individual circumstances. If your ARD is revoked, then you are required to reenter the trial track for your first DUI and attend Formal Arraignment. However, this time, ARD will not be an option. If your ARD is not revoked, and the Commonwealth allows you to finish the program, then you will be summoned for a preliminary hearing on your new offense. If the new offense is a second DUI, then it may become a second offense DUI which will come with heightened penalties and an almost guarantee of jail time.
What Happens If Your New Offense Is A DUI?
This is when it is most important to have an experienced DUI attorney representing you. You want an attorney who knows and understands Comm v. Hagg, the leading case regarding first and second offense DUIs. If the circumstances are right, an experienced attorney can use Haag to keep you out of jail, even with a second DUI charge. Without the right attorney, you could go from looking at 12 months probation to 6 months or more in jail.
If you have questions regarding your ARD or need to retain a well mannered, knowledgeable attorney to assist with your ARD Violation, contact my office at 412-209-0657, and ask for Matthew Becker. Or, submit your inquiry through the form at the right side of the page.