The prior DUI over 20 years ago will not prevent him from entering ARD. However, in Cumberland County, the high BAC may prevent his admission into the program. If his BAC is .25 or above, he is ineligible.
Even if he is eligible, it is important to remember that ARD is not the only option available to resolve the case. It is important to have a full and fair evaluation of your case by an experienced DUI Attorney, such as myself, before committing to any particular course of action.
The links below should help you to decide the best course of action.
F. Dean Morgan, Esquire
ARD eligibility varies from county to county. You should call a local criminal defense attorney who practices in that county. Some counties will give another ARD if over 10 years elapse. Other counties will not give a 2nd ARD no matter how much time passes.
Your husband is eligible by law. An issue of disclosing the prior DUI depends on a lot of factors. You must contact an attorney familiar with that county. Furthermore, you must seek an attorney that will evaluate the case to see if there is a viable defense and not just a lawyer who will run the case through the system.
Admission into ARD is soley within the discretion of the District Attorney. It is imperative that you consult with and retain an attorney. Without knowing more about your case, it would be irresponsible to provide more guesses into the outcome. Your BAC and reasons for the traffic stop will need to be reviewed carefully. If you cannot afford an attorney, you should apply for a free one at the public defenders office, located in the Cumberland County Courthouse on the corners of Hanover and High Streets.
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