Is it possible to get ARD twice in Pennsylvania , once for non DUI , then for DUI ?

Asked over 1 year ago - Butler, PA

About 9 and a half years ago I got ARD for a non DUI offense , now I am wondering if I can get it again for a DUI . It seems like there may be a difference in these two situations and that it would be possible . I am basing my inquiry off of this . . . . http : / / www . dmv . state . pa . us / pdotforms / vehicle_code / chapter38 . pdf specifically section 3807 ( a ) ( 2 ) ( i ) .

Additional information

www.dmv.state.pa.us/pdotforms/vehicle_code/chapter38.pdf is the link

Attorney answers (6)

  1. Stewart C Crawford Jr.

    Pro

    Contributor Level 16

    12

    Lawyers agree

    Answered . It is entirely up to the discretion of the district attorney. Hire an attorney and have them explore the potential for ard

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  2. Charles Thomas Jr.

    Contributor Level 16

    11

    Lawyers agree

    Answered . The answer is that it is up to the DA. It CAN happen, but doesn't happen often.

  3. Geoffrey Scott Mcinroy

    Contributor Level 9

    8

    Lawyers agree

    Answered . It depends on the County. In some counties, it is permitted at the discretion of the District Attorney. A local attorney can help guide you on this issue.

  4. Henry S. Hilles III

    Pro

    Contributor Level 5

    6

    Lawyers agree

    Answered . Under Pennsylvania law, the District Attorney's Office has to recommend someone for ARD before a judge may admit that person into the ARD Program. The law further provides that D.A.'s Offices may establish their own guidelines regarding who may receive ARD and under what circumstances. You should contact an attorney who practices criminal defense in the county where you were arrested for DUI to determine whether you may be a suitable ARD candidate.

  5. John Paul Thygerson

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . I agree with my colleagues.

  6. Matthew Michael McClenahen

    Pro

    Contributor Level 6

    3

    Lawyers agree

    Answered . Some district attorneys will approve a defendant for ARD twice, as long as one offense is a DUI and the other is a non-DUI. It depends on the policy of the District Attorneys Office as well as the individual circumstances of the case. For this type of situation, you should hire an attorney who routinely works with the DA's Office in question. Do not hire an out-of-town lawyer who rarely, if ever, takes cases in this county.

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