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ARD / DUI

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1. What is ARD?

ARD is an acronym for accelerated rehabilitative disposition. While it can be used for other crimes, it is most often considered for first offense DUI defendants. Information in this section pertains to ARD as it relates to DUI offenders. In essence, ARD is a one-time alternative to a trial, conviction, and possible mandatory jail sentence for the offense of driving under the influence of alcohol or controlled substance.

2. How do I know if ARD is the best disposition for me?

The decision to apply for ARD is a personal decision you must make. There are advantages to ARD that you should consider. Consulting with an attorney will insure that you understand the charges filed against you, your rights, ARD, and any other legal alternatives you might have.

3. Who is not eligible for ARD?

An offender will not be considered for ARD if any of the following apply:

• The offender has been convicted of DUI or accepted into the ARD program within 10 years of the date of the current offense
• An accident occurred in connection with the offense where a person, other than the offender, was killed or suffered serious bodily injury
• There was a passenger under 14 years of age in the motor vehicle the offender was operating
• The offender did not have a valid driver's license, and/or was suspended, and/or did not have insurance, regardless of whether charged with those specific offenses
• The offender has an extensive driving and/or criminal record as determined by the District Attorney
• An offender with a BAC of .30%+, Heroin, and/or Fentanyl will be considered on a case by case basis and may be required to attend the ARD Panel.

Exceptions may be made in extraordinary circumstances.

4. Are there time limits within which I can apply for ARD?

Yes. To be eligible for ARD, an offender must apply within 30 days from the date the magisterial district judge signs the criminal complaint. Your application must be in before your first status conference hearing for you to be eligible for the program.

5. How do I apply for ARD?

To apply for ARD, an offender must complete the following four steps within 30 days of the filing of a criminal complaint:

• Waive the preliminary hearing
• Complete an ARD APPLICATION and submit to the District Attorney's Office along with a copy of the criminal complaint and affidavit
• Sign a continuance form provided by the District Attorney's Office

6. Do I need an attorney to apply for ARD?

No, but there is no substitute for competent legal advice and the Office of the District Attorney cannot give you legal advice. Consulting with an attorney will insure that you understand the charges filed against you, your rights, ARD, and any other legal alternatives available to you. If you cannot afford an attorney, contact the Lancaster County Bail Administration Office to see if you qualify for the legal services of a public defender.

7. What is a CRN evaluation?

CRN is an acronym for court reporting network. A CRN evaluation involves completing a questionnaire that assesses your drug and alcohol use. A certified CRN evaluator will ask you a series of questions and your responses scored. The results of the evaluation are sent to the Office of the District Attorney and provided to the judge at the time of an ARD hearing.

8. How do I schedule a CRN evaluation?

You schedule a CRN evaluation at DUI Central Court. The results of the evaluation will be sent to the Office of the District Attorney.

9. What will the fines and costs be?

There is a processing fee of $600. You can also expect to pay a fine, court costs, a fee for the alcohol safe driving class, and a probation supervision fee. While the fine, court costs, and fees are standardized, they are subject to change at the discretion of the court or the district attorney.

10. Will I lose my driver’s license if I enter into the ARD program?

Please refer to the drivers license suspension guidelines.

11. Will my application guarantee my acceptance into the ARD program?

No. The Office of the District Attorney has the discretion to disapprove ARD for any defendant, because the facts and circumstances of each offense are different. The Office of the District Attorney evaluates each arrest on a case-by-case basis to determine if ARD is appropriate.

12. Where do I obtain an application for ARD?

You may download the ARD Application or get one from the Office of the District Attorney, or from any of the district justice offices. This is a two-page application. Because there are separate applications for DUI and non-DUI offenses, you must be certain that you complete the correct application.

13. Where do I obtain a continuance form?

You can download a Continuance Form or get one at the Office of the District Attorney.

14. What happens after I waive the preliminary hearing, schedule a CRN, and file my ARD application?

Within six months of the filing of a criminal complaint, the offender must:

• Complete the CRN assessment, as well as a full assessment for alcohol and drug addiction if the CRN indicates there is a need for counseling or treatment, or the blood alcohol content at the time of the offense was at least 0.16%


• Schedule any required drug and alcohol treatment with a licensed treatment program


• Schedule and successfully complete the Alcohol Highway Safety School


• Successfully complete community service hours


• Pay $600 in initial charges to the Treasurer's Office. Additional charges will be collected after admittance into the program

15. When am I actually admitted into the ARD program?

Once an offender has complied with all the requirements as identified, the District Attorney's Office will receive a memo from Adult Parole and Probation Services, at which time the offender will be scheduled by the district attorney for a date for formal admittance by a judge into the ARD program.

16. What happens after I appear in court and I am accepted into the ARD program?

After formal acceptance into the ARD program, the offender must remain under supervision for 12 months, and must complete the following within the first five months of supervision:

• Successfully complete any remaining community service requirements


• Successfully complete any required drug and alcohol treatment


• Pay any remaining restitution, fines, costs, fees, surcharges, and/or evaluation charges

17. What happens if I fail to comply with the ARD conditions?

Failure to comply with any condition or provision of the ARD program will be deemed an unsuccessful completion of the program. In such a case, the district attorney may proceed to prosecution on the DUI and the underlying record shall not be expunged.

18. What happens if I do successfully complete the ARD program?

Upon successful completion of the program, the DUI charge is dismissed. You will not serve a jail sentence. Furthermore, under the law, an offender's record for DUI may be expunged.

19. What are the penalties if I choose not to apply for ARD?

As previously stated, you may wish to consult with an attorney in relation to this charge and your options. The penalties for conviction vary depend upon your blood alcohol level and prior record.