Most first time DUI offenders apply for the the ARD program and some, if not many of them, are denied admission by the District Attorney’s Office. Why? There are many reasons for this. The most common is the existence of a criminal record by the applicant.
Other reasons include:
- The applicant had previously been admitted into ARD;
- The offense involved an extremely high blood alcohol content;
- The offense involved an accident;
- The driver had a suspended driver’s license or not licensed at all during the time of the offense;
- The driver had a child or children in the vehicle.
And these are just some of the reasons why an ARD application by someone accused of DUI can be denied and the reasons can, and do, vary from county to county. The good news is that an experienced DUI lawyer that is well versed and experienced in dealing with ARD DUI cases can often be the difference in whether the accused will get ARD.
Very often the accused will apply for ARD without the representation of an experienced DUI attorney. This is understandable in this bad economic period and many people are looking to save money where they can. But when an ARD application is denied, the need for effective counsel to fight for them becomes crucial. In many cases, the DUI lawyer who is well acquainted with the ARD system is able to file what is called a “Motion For Reconsideration Of ARD Denial” and advocate successfully to the DA’s office why the merits of the applicant’s situation may override why reason the DA is seeking to exclude them in the first place. This is no pipe dream – the injection of a skilled attorney into the proceedings “post ARD denial” very often will result in the DA’s office reversing course, thus saving the client his driving privileges and jail time, and opening the door for an eventual dismissal and expungement of the client’s DUI charge.
If you are in this position, you can always pick up the phone and call my office at 610-239-8870, for a free assessment regarding an ARD reconsideration as well as all things ARD and DUI, or contact me through the website