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Pittsburgh DUI Attorney – Accelerated Rehabilitative Disposition (ARD)
What is ARD?
If you have been arrested for your 1st time DUI in Pittsburgh, or anywhere else in Pennsylvania, you are probably eligible for the Accelerated Rehabilitative Disposition (ARD) program. ARD is an alternative disposition, allowing you to bring closure to a Pittsburgh DUI offense without pleading guilty or going to trial. Essentially, ARD is an opportunity, if offered by the DA in your county, to avoid the following penalties for a first time DUI in Pittsburgh:
- 72 consecutive hour Jail sentence,
- 12 month license suspension,
- $300 - $5000 fine and
- Permanent criminal record on background checks.
However, if you are offered admission and accepted into the ARD program, at worst you are looking at penalties that include:
- No Jail Time (there will be a “non-reporting” probationary period),
- A two-month License suspension,
- DUI classes in Pittsburgh (or in another jurisdiction),
- Fine (usually about $1500 including costs).
- Expungement – If you complete the program, your DUI arrest record will be automatically expunged (erased from existence).
Am I Eligible for ARD?
If this is a first time DUI in Pennsylvania and you have no prior criminal history, you are eligible and there is a good chance that it will be offered by the DA. However, if one of the three following scenarios applies to your case, you are no longer eligible, by law, for ARD (though there are still measures that a drunk driving law firm or lawyer can apply for your benefit):
- You were in an accident while DUI and another person suffered serious bodily injury or death as a result.
- At the time of your arrest, there was a passenger in the car under the age of 14 in the vehicle.
- You are charged with Fleeing and Eluding in connection with the DUI charge (this is not actually in the law but most Pennsylvania counties, including Allegheny, enforce this policy).
Like many of my clients, you probably have no prior DUI arrest records or other criminal offenses. If so, this drunk driving in Pennsylvania charge should not be treated as harshly as you fear. However, until this case is finished, you must not be arrested for DUI in Pennsylvania during the pendency of this matter!!! If you are, there is a high probability that it will negate the ARD program all together.
Call (412) 475-9217 or 1-855-DUI-CRIM to schedule a free consultation with an Pittsburgh DUI Attorney.
This is a Second Time DUI in Pennsylvania for me, is there any chance of ARD for me?
That depends. If your first time DUI conviction was more than 10 years old, then you will be eligible for ARD again (provided there are no other disqualifying factors to your case). In addition, there is an exception allowing ARD for a second time DUI in Pittsburgh or Pennsylvania within 10 years, but it is very limited. If your BAC for your First Time DUI was less than 0.10, the law does not automatically disqualify you for a second time offense. However, the District Attorney still must be convinced to make an ARD offer.
What is the next step? Do I need an Attorney?
At this point you have probably received your initial paperwork scheduling a preliminary hearing sometime in the next few weeks. Be aware that this will be the first of at least three court appearances you will need to be present at. Accelerated Rehabilitative Disposition does not begin at the preliminary hearing stage. In addition, you will have to complete a CRN evaluation prior to your final ARD hearing date. Simply put, the preliminary hearing is the beginning of what is usually a 4-6 month process.
After reading this, you may be thinking to yourself, “Mike, your making me feel like I might be able to handle this on my own and not hire an attorney?” Well, I do want you to hire me for your case, but I feel it is important to be upfront. If you are looking for free advice, I am happy to give it now. I don’t want to waste your time or mine.
That said, I practice in Pennsylvania, Allegheny County, or Pittsburgh courts every day (if not all in one day). I have significant trial experience in both DUI and complex criminal litigation. When clients hire me for ARD admission, they are hiring an experienced professional to hold their hand, dot the Is, cross the Ts, and ensure that the process is smooth. If there is an unexpected bump in the road, I handle it.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943 |
