Recent Update: How ARD Affects Future DUI Sentencing in Pennsylvania
There has been an important change in how Pennsylvania treats ARD dispositions in DUI cases. Under a recent Pennsylvania Supreme Court decision, if you receive ARD (Accelerated Rehabilitative Disposition) on a DUI charge, that ARD DUI does not count against you as a prior DUI for future sentencing, even if the new charge falls within the 10-year lookback period.
For example, if you get your first DUI in 2024 and it is resolved through the ARD program, and then you are unfortunately charged with another DUI in 2025, the 2025 case would still be treated as a first-offense DUI for sentencing purposes.
Counties such as Chester County, Delaware County, and Philadelphia County are following this ruling, while some other counties are still challenging or testing the limits of the decision. For now, this is the law in Pennsylvania, but as with any appellate decision, it may evolve over time.
If you’ve been charged with DUI anywhere in the greater Philadelphia area and have questions about how an ARD or prior case might affect you, call The Law Office of Steven F. O’Meara at (610) 595-5344 to talk through your specific situation.
Did You Know?
Drug and Mental Health Courts are special programs for men and women who have a problem with drugs or mental health or both, but wish to get their matters dealt with through treatment rather than incarceration or simple convictions. These alternative courts afford you the ability and option to prevent a conviction and allow a second chance! It is an arduous path for anyone, sometimes taking two (2) or more years. However, it is well worth it for most. If you can complete this program, then you can accomplish anything you want in life. Not everyone can complete the program. Recently, I recommended that someone do additional work within the program, including inpatient treatment, extended outpatient treatment, and continued treatment thereafter. It may be more hurdles for them, but in the long run, the objective is to get every person clean and sober at the end, so that they can lead a long, productive life.
IF YOU SHOULD GET CHARGED WITH AN OFFENSE AND BELIEVE THAT THE DRUG COURT OR MENTAL HEALTH PROGRAMS WOULD HELP YOU, PLEASE CALL US AT
THE LAW OFFICES OF STEVEN O’MEARA (610)-595-5344
