For many Pennsylvanians charged with a first-offense DUI, the Accelerated Rehabilitative Disposition (ARD) program offers a second chance, a path that avoids conviction and, ultimately, may lead to expungement. But what happens when ARD doesn’t go as planned? Specifically, what are ARD DUI revocations, and why do they matter? In Lancaster and across Pennsylvania, this issue can have serious consequences for your driver’s license, criminal record, and life after a DUI arrest.
Drivers facing ARD DUI revocation issues in Lancaster County may benefit from speaking with experienced DUI defense attorneys who understand how local prosecutors and PennDOT handle these cases.
What Is ARD?
ARD (Accelerated Rehabilitative Disposition) is a pre-trial diversion program available to eligible first-time offenders of certain non-violent crimes, including DUI. The program is designed to allow individuals to complete rehabilitation requirements, such as drug and alcohol evaluation, classes, fines, community service, and supervision, in exchange for dismissal of charges.
Unlike a conviction, ARD allows many participants to avoid a criminal record if they complete the program successfully. In Lancaster County, the selection and approval process are controlled by the District Attorney’s Office through a screening and application process.
How License Suspensions Work with ARD
When someone enters ARD after a DUI arrest, PennDOT typically imposes a driver’s license suspension under administrative law, even though there’s no conviction. The length of that suspension varies based on blood alcohol concentration, refusal to test, age, and other factors.
Recent Pennsylvania Supreme Court decisions have clarified the way ARD affects later proceedings:
- Criminal sentencing: A prior ARD cannot be treated as a prior DUI conviction for determining enhanced penalties in a future DUI. In other words, if you completed ARD years ago and are charged again, the first ARD won’t legally count as a prior conviction for enhanced criminal punishment.
- License suspensions: However, ARD can still be used as a prior offense for administrative purposes, meaning PennDOT can consider it when calculating license suspensions after a subsequent DUI arrest.
This means that even though your first ARD isn’t a conviction in the criminal sense, it might still affect how long your driving privileges are withheld in future DUI cases, a nuance that only experienced attorneys know how to analyze and challenge.
What Is an ARD Revocation?
If someone fails to comply with the terms of ARD, such as not completing treatment, failing to pay required fines, missing classes, violating probation, or facing new criminal charges, the court may revoke your ARD status. This has several potential consequences:
- The original DUI charge is no longer dismissed or held in abeyance
- A case is prosecuted as a normal criminal DUI, which carries possible jail time, higher fines, and a conviction on your record
- PennDOT’s license suspension consequences can become more serious, especially if the DUI winds up as a conviction
In short, an ARD revocation means you lose the benefits of diversion and face harsher legal and administrative consequences.
Key Consequences of ARD Revocation
Here’s what can happen when ARD is revoked in a DUI case:
1. You Face Prosecution Again: Once revoked, the court treats the DUI charge like any other pending DUI. That means possible conviction and exposure to mandatory penalties, including jail time.
2. Longer License Suspensions: PennDOT considers both the ARD suspension you already served, and the new administrative suspension tied to conviction. There’s no credit given for time served under ARD toward a later suspension, meaning the total time your license is restricted can be substantially longer.
3. Interlock Requirements: Depending on your situation, PennDOT may require an ignition interlock device (IID) as a condition for reinstating driving privileges, adding further financial and logistical burdens.
Why Legal Representation Matters
Navigating ARD eligibility, compliance, and potential revocation is complex. Prosecutors and PennDOT apply rules differently across counties, and recent case law (such as Commonwealth v. Shifflett) means even experienced lawyers must stay on top of changing interpretations.
A knowledgeable Lancaster DUI attorney can help by:
- Advising whether ARD is appropriate in your case
- Drafting compelling submissions for ARD acceptance
- Challenging revocation motions and protecting your future
- Navigating PennDOT hearings and license issues
If your ARD is at risk, or has already been revoked, time is of the essence.
Reach out Today to a Pennsylvania Attorney Who Cares
ARD can offer a powerful second chance after a DUI arrest, but it’s a privilege, not a right. Violating its terms or misunderstanding the legal landscape can quickly eliminate its benefits and expose you to serious penalties. With evolving Pennsylvania law and growing scrutiny around DUI enforcement, legal expertise is more important than ever.
Contact us to protect your rights, preserve your driving privileges, and fight for the best possible outcome. Your future may depend on it.
