No. Because he was suspended he is ineligible for ARD. In addition, the District Attorney of Franklin County has a firm policy that prevents anyone who refused testing from being admitted to the program.
If he refused testing, he may also suffer a civil suspension from PennDOT. This may result in an additional 12 months license suspension.
it is absolutely necessary to contact an experienced DUI Defense attorney who regularly practices in Franklin County, such as myself, to review your husbands case as soon as possible.
F. Dean Morgan, Esquire
Just with the facts you provided it does appear that he would be eligible for ARD. However the ARD program is run by the DA's office and each case is looked at separately. As long as he has no prior DUI's or criminal record he seems to be a good candidate. I would still make sure that he talks with an attorney because there are many issues that need to be looked at. For instance, since he refused PENNDOT will be notified and he may lose his drivers license for 1 year which is a separate penalty from the DUI. If he does ARD he would be looking at an additional 2 month suspension. He may have defenses that can be explored to mitigate his penalties so please make sure he sits down with a DUI attorney to understand all his options.
Each County Prosecutor's office has their own policy for permission into the ARD Program. Promptly speak with a Franklin County attorney.
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