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