Legal Question in DUI Law in Pennsylvania
ARD elgibility for 1st DUI if defendant was on ARD 10+ years ago for non-DUI?
Would a defendant be eligible for ARD if this is their 1st DUI ever but was on ARD more than 10 years ago for a non-DUI charge? The previous ARD was successfully completed. No injuries were involved with this DUI and no persons under 14 were in the automobile. No other charges were filed against the defendant between the time of the 1st ARD and this more recent DUI charge.
2 Answers from Attorneys
Re: ARD elgibility for 1st DUI if defendant was on ARD 10+ years ago for non-DUI?
Admission to the ARD program lies in the sole discretion of the District Attorney's office. Certain factors will automatically disqualify a person for ARD, such as a previous conviction or a recent ARD. Given that the prior ARD in this case was more than ten years old, the defendant would not be automatically disqualified.
Re: ARD elgibility for 1st DUI if defendant was on ARD 10+ years ago for non-DUI?
If you are telling the whole story, technically, you will be eligible for ARD. A person is eligible for ARD twice in their life as long as the prior ARD is greater than ten years ago. There can not be anything else on you rrecord in between the two charges. However, a DA has the discretion to not offer the program to you. They may also increase the length of probation etc...since you are a second time ARD.
A local experienced criminal defense lawyer can better advise you, i.e., predict the reaction of the local DA.
Good luck and call or email with any additional questions.
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