Understanding Pennsylvania’s DUI Deferral Program

Pennsylvania law offers a path for first-time DUI offenders to potentially have their charges dismissed and their arrest records cleared. This opportunity is provided through the Accelerated Rehabilitative Disposition (ARD) program, which came into effect to offer a second chance under specific circumstances. For this program to apply, the offender’s Blood Alcohol Content (BAC) must be below a certain threshold.

It’s crucial to understand that if you are granted entry into this program, any subsequent DUI offenses anywhere in the United States could be treated more severely. The initial guilty plea and entry into the deferral program can be used to enforce harsher penalties for a second offense. If you plead guilty as part of the program and fail to complete it, the original charges will remain on your record, and a conviction will be entered. These situations can be confusing, and you might feel worried about the long-term impact of the charges. This is where getting help from a skilled Uniontown DUI attorney is vital. At Logue Law Group, our team is ready to provide the guidance you need to navigate this process and work towards a positive outcome for your case.

Eligibility for Pennsylvania’s DUI Deferral (ARD) Program

To be eligible for the ARD program in Pennsylvania, several conditions must be met, as outlined in state law. The requirements are strict to ensure that only deserving first-time offenders can participate. A knowledgeable Uniontown criminal lawyer can help determine if you qualify.

The criteria for eligibility are as follows:

• The charge must be your first offense for driving under the influence (DUI).
• Your blood alcohol concentration (BAC) must be under the specified legal limit for high-rate DUIs.
• You must have a clean criminal record with no prior DUI convictions in Pennsylvania or any other state.
• Your driver’s license must not have been previously suspended for DUI-related charges.
• You cannot hold a Commercial Driver’s License (CDL).
• The incident must not have involved aggravating factors, such as having a minor in the vehicle, causing an accident with injuries, or being under the influence of controlled substances.

 Steps to Request Entry into the DUI Deferral Program

If you believe you are eligible for the ARD program, you must follow a specific process to apply. Navigating the legal system in Fayette County can be complex, but here is a step-by-step guide to help you understand what to expect.

1. Notify the Court: Shortly after your arrest, you must formally inform the court of your intention to apply for the ARD program.
2. Conditional Plea: You will enter a conditional plea, which the court will hold while you complete the program’s requirements. This is not a final conviction.
3. Complete a Probation Period: You will be required to complete a period of probation successfully to remain in the program.
4. License Suspension: You must consent to a mandatory suspension of your driving privileges for a specific period, which can range from 0 to 90 days depending on your BAC.
5. Ignition Interlock Device: In some cases, depending on your BAC, you may need to agree to install an ignition interlock device on your vehicle for a designated time after your license is reinstated.
6. Motion for Dismissal: Once you have completed all court-ordered requirements, including the license suspension and any potential interlock period, your Uniontown DUI attorney can file a motion with the court to have your charges dismissed.
7. Provide Proof of Completion: You will need to submit an affidavit confirming you have successfully completed all parts of the program, including any required alcohol highway safety school and treatment programs.

Expungement of DUI Records in Pennsylvania

After your charges are dismissed upon successful completion of the ARD program, the next step is to have the record of your arrest expunged, or cleared. You are typically eligible to file for expungement after fulfilling all requirements. The prosecution will have a window of time to file an objection to this motion.

If the court approves the expungement, it will issue an order to the county clerk to execute it, effectively removing the arrest from public records.

To ensure your deferral program is successful, you must adhere to all conditions strictly:

• You cannot violate any terms of your probation or other court-ordered agreements, as this will result in removal from the program and an automatic conviction.
• Remember that expungement applies only to your criminal record, not your driving record maintained by PennDOT.
• For individuals with prior felony charges, the rules and timeline for expungement may differ.

If you need more information about the ARD program and the expungement process, contact Logue Law Group to consult844.PITT.DUI with our experienced legal team of Uniontown DUI attorneys for the assistance you need.