Frequently Asked Questions
ARD is program available for first time offenders or subsequent non-violent offenders who have not been convicted in the past 10 years. The punishment under this program are not as severe compared to the max punishments under law without the ARD program. Admission into the ARD program can significantly reduce the affects of a DUI on your life.
Admission into the ARD program is discretionary by the District Attorney’s office. There are other factors that can disqualify you from eligibility, including prior offenses, accident resulting in an injury and driving under the influence with a minor in the vehicle.
It is very likely that your charge of DUI will result in a license suspension. The suspension will vary depending on your BAC levels. However, under the ARD program, the license suspension is greatly reduced to 0-60 depending on which tier of DUI you were charged with.
If you are ineligible for ARD and are charged with a high rate or highest rate, you will be facing a 12 month license suspension. If you are charged with a refusal, you will receive an automatic 12 month suspension in addition to any suspension for the DUI charge. If you have multiple offenses in the past 10 years, you will be facing a minimum of a 12 month license suspension.
Tier 1: General Impairment .08-.099
Tier 2: High Rate .10-.159
Tier 3: Highest Rate .16 or higher
In addition to your BAC level, the circumstances of your DUI charge can determine the Tier of your DUI charge.
If your are charged in Allegheny County you may be eligibility for Phoenix Docket. However, a second DUI comes with a harsher guideline sentence. A second offense comes with. Mandatory minimum of 5 days in jail. An experienced DUI attorney can ensure that you do not spend any of that time behind bars but on electronic home monitoring.
This determination should be made by the Defendant with consultation with an experienced DUI attorney. The circumstances of your stop and evaluation can give cause to challenge the DUI in court. Always remember that you have only been charged with a DUI, you are presumed innocent until proven guilty. This burden of proof lies with the Commonwealth.
An experienced DUI attorney may be able to help you gain admittance into DUI treatment court. This type of program focuses on rehabilitating the defendant and can last at least two years. The focus of programs such as these focus on recovery and treatment goals. A portion of your sentence in a DUI treatment program will require electronic home monitoring. A 3rd offense in 10 years will be charged as a felony.
1st offense Tier 1:
- 6 months probation
- $300 fine
- Alcohol Safety School
- No license suspension
- Drug and Alcohol Evaluation
1st offense Tier 2:
- Jail 2 days to 6 months
- Fine $500-$5,000
- Alcohol Safety School
- 12 month License Suspension
- Drug and Alcohol Evaluation
1st offense Tier 3:
- Jail 3 days to 6 months
- Fine $1,000-$5,000
- Alcohol Safety School
- 12 month License Suspension
- Drug and Alcohol Evaluation
2nd offense Tier 1:
- Jail 5 days to 6 months
- Fine $300-$2,500
- Alcohol Safety School
- 12 month License Suspesion
- Ignition Interlock 1 year
- Drug and Alcohol Evaluation
2nd offense Tier 2:
- Jail 30 days to 6 months
- Fine from $750-$5,000
- Alcohol Safety School
- 12 month License Suspension
- Ignition Interlock 1 year
- Drug and Alcohol Evaluation
2nd offense Tier 3: Jail 90 days to 1 year
- Fine from $1,500-$10,000
- Alcohol Safety School
- 18 month License Suspension
- Ignition Interlock 1 year
- Drug and Alcohol Evaluation