One question that criminal defendants are confronted with when they are charged with a DUI is should I apply for ARD? The ARD program is short for the Accelerated Rehabilitative Disposition Program. It enables individuals charged with a DUI to have the charges withdrawn and their criminal record expunged upon completion of the ARD program. aggravated assault while DUI The ARD program is approximately six months long for individuals charged with a DUI. And generally, requires that Defendants engage in counseling and perform community service. The ARD program is only available to criminal defendants who are charged with their first DUI in 10 years. Individuals who have done ARD previously generally are not permitted to participate in the ARD program. ARD can only be given by the District Attorney’s Office. Therefore, an accused is generally forced to waive his preliminary hearing and for go challenging the DUI by trying to suppress either the stop or evidence obtained by the police.
Given this background on the ARD program, there are very few circumstances where a criminal defendant charged with a DUI should not ask, should I apply for ARD? Generally, the only reasons not to try and do ARD is that you can beat the DUI charge. DUI charges can be beaten in court through several different ways. First, the blood alcohol content of the accused is less than .08%. DUI defenses Second, the police did not have a legal basis to stop the defendant’s vehicle. Or third, the police did not possess probable cause to arrest the defendant and request that he surrender his blood or breath for chemical testing. Make sure to consult with an experienced Chester County DUI lawyer if you are contemplating applying the ARD program because of a DUI charge. Make sure to pursue all of your legal options before making a decision.