The old summary offense should not prevent you from getting ARD. The BAC may be relevant along with your license status and whether there was an accident. You should have a criminal attorney help you with the process.
This is really up to the DA and in different counties, they treat the entrance differently. In Bucks county, I think you have a good shot-prvided there was not an accident. One issue may be that both these offenses are alcohol related. They may want to know what, if anything, you are doing to address this.
The quick answer is that it should not affect it. However, there has been alot of turbulence in the ARD unit in Montgomery county resulting in some strange decisions. You should speak with a local experienced attorney who can help.
Ellis Klein, Esquire
As a matter of law, the statute governing ARD would not exclude you based on the underage drinking. If you still owe on a fine for that charge, the DA may make you pay it before giving you ARD.
A roundup of the best tips and legal advice.