Chester County ARD Program | Top Rated Chester County DUI Attorneys

Chester County ARD Program: A Fresh Start Without a Record

What Is ARD?

The Accelerated Rehabilitative Disposition (ARD) program allows eligible first-time, nonviolent offenders—even those charged with DUI—to avoid a criminal conviction by completing required conditions such as counseling, community service, and probation. It’s a privilege granted at the District Attorney’s discretion. Successful completion leads to dismissal of charges and eligibility for expungement.

Who Qualifies for Chester County ARD?

Common eligibility factors include:

• First-time offenses or no DUI convictions within the last 10 years

• Nonviolent criminal charges like DUI, minor drug possession, or theft

• No serious injuries or fatalities in the incident

• No child passengers under age 14 in DUI cases

• Minimal or clean criminal history

ARD Process in Chester County

1. Application – Submitted to the District Attorney’s office, often before the preliminary hearing.

2. Hearing – Conducted in the Court of Common Pleas to consider admission.

3. Supervision – Typically lasts 6–12 months and includes:

   • Alcohol and drug evaluations or treatment

   • Traffic or DUI safety education

   • Community service

   • Administrative fees or restitution

4. Completion – Leads to case dismissal and opens the door to expungement.

Benefits of Completing ARD

• No criminal conviction on your record

• Eligibility for expungement

• Avoids jail time for most participants

• Structured path for rehabilitation and accountability

• Speeds up resolution compared to traditional court proceedings

Costs & Program Fees

Participants usually must pay:

• One-time ARD administrative fee

• Court costs

• Probation administration fees

• Costs of required services (education, assessments, etc.)

Failure to comply with the program or fees may lead to removal from ARD, and reinstatement of criminal charges.

Shifflett Decision: A Game Changer for ARD Participants

A landmark Pennsylvania Supreme Court ruling (Commonwealth v. Shifflett) recently clarified that ARD is not the equivalent of a criminal conviction for sentencing purposes. This ruling has two major benefits:

1. Protects Against Enhanced DUI Sentencing
   If you complete ARD for a first DUI, a later DUI cannot be counted as a "repeat offense" for sentencing—even if the prior ARD occurred within 10 years. You will be treated as a first-time offender.

2. Restores Equal Protection Under the Law
   The court emphasized that ARD lacks constitutional safeguards like trial rights and proof beyond a reasonable doubt. Using ARD as a "prior offense" violated due process. Now, ARD cannot be used to trigger harsher criminal penalties.

This makes ARD even more valuable—not just for avoiding convictions and expunging cases, but also ensuring fairer treatment if legal trouble arises again.

Why You Need a Defense Attorney

ARD may be a softer alternative to conviction—but success hinges on eligibility and advocacy. An experienced attorney can:

• Determine whether you qualify for ARD

• Assist with application and hearing presentation

• Negotiate admission/conditions of program supervision

• Use Shifflett as a safeguard against sentencing enhancements

Quick Reference Table

Final Thoughts

The Chester County ARD program offers a meaningful second chance—giving individuals a path to expunge charges and avoid criminal records. Thanks to the Shifflett decision, those second chances now carry even stronger protections against future sentencing enhancements.

If you or someone you know is facing a first-time DUI or minor criminal charge, exploring ARD with experienced legal guidance might be the smartest move you can make.