I just got my summons in the mail and was charged with a high tier first offenseDUI (.13 bac). I do have a criminal record already, no misdemeanors though. I have a borough ordinance for vandalism, and summary offenses for disorderly conduct (marijuana) and a summary offense for under age. I never took ARD in the past. With all of this in mind, is it still possible to be eligible for ARD?
ARD is discretionary with the District Attorneys' office, so it is always 'possible' to be admitted to the ARD program. While a first offense DUI is usually a good candidate for ARD, the offenses you have listed—particularly the marijuana offense—suggest that your application will be 'on the bubble.' I strongly suggest that you reach out to a criminal defense attorney to discuss how you can present a strong application for ARD to ensure that you are not convicted of a criminal offense or spend time in jail.
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Most likely it is possible, assuming you did not have an accident or caused serious injury to another person, did not have drugs in you system as well as alcohol and did not have a minor in your vehicle. The disposition of each case is very fact specific and you should review the facts of your case as well as your defenses and options with a local qualified DUI defense attorney. Most of us offer no charge consultations.
It will be up to the DA. It may be possible, but you are going to want to put some work into the application.
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