Driving Under the
Influence of Alcohol
Disposition) is a program designed as
an alternative to trial, conviction
and possible mandatory jail sentence. Upon
successful completion of the program,
charges are dismissed.
an offender’s criminal record may be
A.R.D. are available at any
Magisterial District Judge’s Office,
the Lancaster County District
Attorney’s Office or online at www.co.lancaster.pa.us/da.
Please mail application to the
Lancaster County Courthouse, District
Attorney’s Office, PO Box 83480,
Lancaster, PA 17608-3480
I. A.R.D. Qualifications:
A. A.R.D. is
available for the offenses listed below:
Pa.C.S.A § 3802(a)(1)
(incapable of safe driving)
Pa.C.S.A § 3802(a)(2)
Pa.C.S.A. § 3802(b)(1)
Pa.C.S.A. § 3802(c)(1)
Pa.C.S.A. § 3802(d)(1-4)
Pa.C.S.A. § 3802(e)
B. A.R.D. is NOT
offender has been convicted of DUI or
accepted into A.R.D. within 10 years of
the date of the current offense.
accident occurred in connection with the
offense where a person, other than the
offender, was killed or suffered serious
was a passenger under 14 years of age in
the motor vehicle the offender was
offender did not have a valid driver’s
license, and/or was suspended, and/or
did not have insurance, regardless of
whether charged with specific offenses.
5. The offender has
an extensive driving record as
determined by the District Attorney.
has more than one prior DUI/ARD or is
ineligible by law due to criminal
history of violence.
7. The offender’s
BAC is .24% or above.
can be made in extraordinary
8. If the
offender refused to submit to a chemical
test as required under the Vehicle Code
in connection with the DUI charge, you
must agree not to challenge or appeal
any suspension of your operating
privilege imposed as a result of your
refusal by the Department of
Transportation, Bureau of Driver
Licensing. If such an appeal was filed
prior to filing an application for ARD,
the appeal must be withdrawn within
fourteen (14) days of the date you
submit your ARD application. If you fail
to comply you shall be denied admission
or removed from the ARD program.
Once admitted to the program, drivers’
license suspensions and community
service hours under A.R.D. are as
licenses are not permitted in the A.R.D.
II. A.R.D. Requirements:
A. Within 30
days of filing of a criminal
complaint, the offender must:
Waive the preliminary hearing.
Complete an A.R.D. application
and submit it along with a copy of the
criminal complaint and affidavit to the
District Attorney’s Office.
Sign a continuance form provided
by the District Attorney’s Office.
a C.R.N. (Court Reporting Network)
evaluation with the Office of Probation
and Parole by calling 717-299-8016. A
C.R.N. is an assessment that evaluates
an offender’s drug and alcohol
involvement. A certified C.R.N.
evaluator will ask you a series of
are scored and included with the A.R.D.
contact Community Resources at
Within six months from the date
of filling of the criminal complaint,
the offender must:
Complete the C.R.N. assessment,
as well as a full assessment for alcohol
and drug addiction, if the C.R.N.
indicates there is a need for counseling
or treatment or the BAC at the time of
the offense was at least .16%.
Schedule any required Drug and
Alcohol treatment with a licensed
Schedule and successfully
complete the Alcohol and Highway Safety
Complete all Community Service.
Pay $600.00 in initial charges to
the Treasurer’s Office.
charges will be collected after
admittance into the program.
C. After Sections
A and B are completed, the District
Attorney’s Office will receive a signed
checklist from the Office of Probation
and Parole. Once received, the offender
will be scheduled for a date for formal
admittance into the A.R.D. program.
D. After formal
acceptance into the A.R.D. Program, the
offender must remain under supervision
for twelve months and must
within the first 5 months of
Successfully complete any
required drug and alcohol treatment.
2. Pay any remaining
restitution, fines, costs, fees,
surcharges, and/or evaluation charges.
complete the program, offenders must
remain under supervision for a period of
twelve months, pay all
restitution, fines, costs, fees,
surcharges, and evaluation charges as
determined by the Court, and comply with
all other conditions of the program as
set forth in this section.
III. Failure to Comply:
A. Failure to
comply with a condition or provision
herein will be deemed an unsuccessful
completion of the program and the
underlying record shall not be expunged.
Commonwealth may proceed to prosecution
The Defendant fails to meet any
of the requirements of A.R.D.; or
The Defendant is charged with or
commits an offense under Title 18; or
The Defendant violates any other
conditions imposed by the court.
IV A.R.D. Review Panel:
Attorney’s Office will provide
appropriate applicants with an
opportunity to address a review panel to
determine whether their case should be
diverted into the ARD Program. The goal is to
allow this Office to make a more
informed decision on the application as
well as better assess who is likely to
successfully complete the program.
Applicants may bring
an attorney and/or witnesses but must be
prepared to answer questions from the
panel regarding the offense and their
do retain their right to remain silent
and their participation in this panel is
If they choose to not
participate, the decision on the case
will be based solely on the written
be additional alternatives other than
those explained in this brochure. If you
have any questions, you should seek the
advice of an attorney.
If you cannot afford an attorney,
contact the Lancaster County Bail
Administrator’s Office at 717-295-3584 to
apply for a Public Defender. Remember,
however, that you only have 30 days to
apply for ARD.