Pennsylvania Supreme Court Rules that Accelerated Rehabilitative Disposition (ARD) is NOT a Prior Conviction for Repeat Drunk Driving Sentencing Enhancement

Drunk Driving and First Time Offenders – Accelerated Rehabilitative Disposition (ARD)

Drunk Driving is a very common criminal offense in Pennsylvania.  Our criminal defense law firm has represented people charged with this offense from a variety of backgrounds.  Many of these people are first time offenders and have never been in any type of legal trouble. 

Some tell me that they have never even received a speeding ticket and how they are facing potential jail time and a license suspension!  In many of these situations, ARD is a good legal strategy for a person who qualifies for this first-time offender program.  Keep in mind, however, that you should always explore your trial options with your criminal defense lawyer even if you are eligible for ARD.    

Commonwealth v. Shifflett – How has ARD changed in Pennsylvania following the Supreme Court’s Decision

Recently, the Pennsylvania Supreme Court issued a ruling that will directly affect those in the ARD program in the Commonwealth of Pennsylvania who are arrested and charged with a second drunk driving offense.  Prior to this decision, criminal trial courts in Pennsylvania treated ARD as a conviction even though the person who accepted ARD was never actually convicted of the crime by a judge or jury. 

In Commonwealth v. Shifflett, the Pennsylvania Supreme Court, however, has ruled that a prior Accelerated Rehabilitative Disposition (ARD) can no longer be used to enhance a DUI sentence.  This means that those who receive ARD will still be treated as first time offenders if they are arrested and convicted of another drunk driving offense in Pennsylvania.   

Why did the Pennsylvania make this decision and change the way Courts treat prior ARD matters for drunk driving sentencing purposes? 

The Court made this decision and reasoned that since ARD doesn’t require an admission of guilt or a finding of guilt beyond of reasonable doubt it can’t be considered a prior conviction for sentencing purposes.   The Court found that using ARD to make a DUI sentence longer violates the Sixth and Fourteenth Amendments of the United States Constitution. 

What you need to know about Accelerated Rehabilitative Disposition (ARD) in Pennsylvania

ARD Eligibility—This is a discretionary program—You aren’t entitled to it   

In most situations, a DUI offender is eligible for ARD if the following circumstances exist:  

• It is the first offense in 10 years 

• No other person other than the offender was seriously injured or killed 
• There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense 

Even if you’re offered the ARD program, it is important to keep in mind that you must complete certain conditions to remain in the program and entry into the program will usually result in a mandatory minimum license suspension.  

The ARD drivers’ license suspension are as follows: 

1. No suspension if your blood alcohol content (BAC) is under .10 and the offender isn’t a minor 
2. A 30 day license suspension if the BAC is .10 but less than .16 
3. A 60 day license suspension if the BAC is .16 or greater OR the DUI involves drugs or a violation of Pennsylvania’s Implied Consent Law 
4. The suspension is 90 days if the defendant is a minor 

What happens if you don’t successfully complete the ARD program

If successful, the charges are withdrawn and ARD participants can have the criminal history record information expunged though an automatic process initiated by the First Judicial District, or file an expungement petition with a copy of a completion letter provided by their probation officer.

If an ARD participant is arrested and/or convicted of a new criminal offense or fails to satisfy all ARD conditions imposed, then the participant is entitled to a hearing where participation may be terminated and the charges taken to trial.

The ARD Process -Overview

Step 1: Request ARD Consideration

• Your criminal defense lawyer most cases need to ARD request consideration for ARD. If the case is with a special prosecution unit like Economic Crime or Family Violence/Sexual Assault, the request must first be made to the special prosecution unit.

Step 2: ARD is Offered

• The District Attorney’s Office’s Diversion Unit conducts an individual review for every ARD request. The review includes an FBI background check, Police Arrest Report, and if provided, any mitigating information. On occasion, the Diversion Unit contact your criminal defense lawyer for additional mitigating information or verification of information provided.
• If you are accepted into ARD, the DA will contact your defense lawyer with the proposed terms and conditions. 

Step 3: You are Admitted into the ARD program

• Once you execute the ARD agreement, it will be filed with the First Judicial District and it will schedule an admission’s date.  Your attorney will provide the court date to you. 
• On the court date, the Judge will make the final decision to enter an applicant into ARD. Approved cases are connected to Adult Probation and Parole Department (APPD) to begin the ARD program. Rejected cases are given a trial date.

Step 4: Complete ARD

• ARD is completed when the participant provides proof of completion of their conditions, full payment of costs, and completion of supervision time. APPD provides a successful completion letter and the case is eligible for automatic expungement. In some instances, ARD can be successfully completed early through the completion of conditions and payment of costs.
• If the participant violates ARD conditions with a new arrest, a hearing will be scheduled to determine if the participant should remain in ARD or be removed and listed for trial. If the term of supervision ends before the participant completes all the terms, a hearing will be scheduled to determine if the participant should be allowed to complete the terms or if the case will go to trial.

Conclusion – ARD is a great option but remember that you still have the right to go to trial!

Prior to proceeding with ARD, however, it is very important that you review all of your options with your criminal defense lawyer to determine if you have any trial defenses or pre-trial issues which could cause the prosecution to withdraw the drunk driving charge or the Court to dismiss.  The burden of proof is always on the Commonwealth!  

Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey  

Please click here to contact our criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.