Disposition (ARD) Information
ARD Information (for first time offenders)
A.R.D. is the abbreviation used for the Accelerated Rehabilitative Disposition program which has been authorized by the Supreme Court of Pennsylvania.
The purpose of A.R.D. is to take offenders who have not yet made crime. A way of life and encourage them to make a new start under the supervision of the Court and Probation Officials. This program offers them the possibility of restoring a clean record by completing it successfully. To qualify, the person must have a record free from serious criminal convictions and not be accused of a crime of serious violence.
Description of Program
The A.R.D. Program is designed to quicken or accelerate rehabilitation. After a defendant is held for Court by an issuing authority, the District Attorney may request that the case be considered by the Dauphin County Court for Accelerated Rehabilitative Disposition.
The District Attorney will make his recommendation based upon the facts of the case and the background investigation. In the event that the District Attorney does not recommend the defendant for the A.R.D. Program, then he will be notified and his case will be scheduled for trial. If the District Attorney decides to recommend the defendant for A.R.D., the defendant will be notified of the time and place of a Court hearing. At which time, he must be present with his attorney If the defendant fails to appear at this hearing, it will indicate that he does not desire to participate in the Program.
The District Attorney is required to notify the victim(s) of the offense charged and of his intention to recommend the defendant for A.R.D. and seek the victim’s feelings about it.
The hearing, on the request of the District Attorney, will be held in open Court in the presence of the defendant, his attorney, a representative of the District Attorney and any victims who attend. At such a hearing, the Court will determine whether or not the defendant is eligible and understands this Program. At this hearing, the defendant will be told the following:
Acceptance into and satisfactory completion of the Accelerated Rehabilitative Disposition Program offers the individual an opportunity to earn a dismissal of the pending charge(s).
Should the person fail to complete the Program satisfactorily, he may be indicted, or if already indicted, tried as provided by law.
The person must agree that if he is accepted into the Program, he waives the appropriate statute of limitations and his right to a speedy trial under any applicable Federal or State constitutional provisions; Laws or Rules of Court during the period of enrollment in the Program. (Rule 178).
When the defendant indicates that he understands all of the above, accepts the conditions and agrees to comply, then the Judge may grant the request for Accelerated Rehabilitative disposition and shall enter the appropriate Court order.
Then the defendant is accepted into the Program of Accelerated Rehabilitative Disposition and an appropriate Court Order is entered, then all proceedings on the charges(s) shall be postponed during the term of the Program.
The Court can issue an Order that the defendant pay the costs; make restitution to the victim(s); and comply with all rules and regulations of the Dauphin County Probation Office. The period of this Program will be determined by the Court, but shall not exceed two years.
The Judge will advise the defendant that any violation of the Court’s order, or the rules and regulations of the Probation Office, or any violation of any criminal law, will terminate the A.R.D. Program and the defendant’s case will be scheduled for trial.
If the defendant successfully completes the Program prescribed for: him, he may make an application to the Court for an order dismissing the charge(s) against him. If the Court grants the defendantâ s request an appropriate Court Order will be issued discharging the defendant from probation and dismissing the charges arising out of this incident. The defendant will not have a criminal record concerning this charge(s).
All persons placed on the A.R.D, Program for Driving Under The Influence Of Liquor Or Drugs are required to attend six 2¸ hours classes, and undergo an evaluation for drug or alcohol dependency. If it is determined~ after testing, that you have either dependency, it is mandatory, under your conditions of Probation, to continue in an out- patient and/or in-patient treatment program, for this problems. Payment for these services must be handled by each person on a sliding scale basis, according to the individual’s income.
Court costs and fees must be paid by the time of the Court hearing.
A.R.D ‘Fast Track’
The Accelerated Rehabilitative Disposition (ARD) Program has already been explained to you above. The purpose of this section is to explain the special benefits of the “Fast Track” application process. Summary of Purpose of A.R.D.
As may be evident, the primary purpose of A.R.D. in Driving under the Influence (DUI) charges is to “rehabilitate” the offender in an attempt to avoid repeat offenses.
Because of these serious penalties for repeat offenders, every effort is made to help first-time offenders to avoid breaking the law again. In order to accomplish this, the A.R.D. Program concentrates on education, alcohol evaluation (and if required alcohol counseling or treatment), and positive reinforcement through supervision and encouragement.
Purpose of ‘Fast Track’
Recent studies have indicated that rehabilitation seems to be most effective when the subject enters the program as soon after the arrest as possible. Immediate action reduces the odds that the individual will commit another offense before he or she can get the necessary help. Further, defendants appear to respond positively to immediate processing since it reduces the amount of time an individual has a criminal charge (and all of the anxiety and embarrassment which often accompanies it) “hanging over his/her head”. Benefits
The primary benefit to accepting the fast-track option is the minimizing of the period of license suspension. Individuals who desire to resolve their case expeditiously by taking the “Fast Track”, may lose their privileges for as little as one month.
Because of the numerous benefits of the “Fast Track” application process, we hope you will seriously consider this option.
Dauphin, Perry, and Cumberland County ARD Information
In approximately 3 – 9 months you will be in County Court for your DUI charge.
If you are permitted into the ARD/DUI Program, your obligations will be:
Pay an ARD FEE of $800 (PERRY) / $1600 (DAUPHIN) / $1600 (CUMBERLAND) (this fee is to be paid in full prior to entering the ARD Program);
Complete a 15 hour DUI SCHOOL (no additional charge);
Pay for and obtain a CRN ALCOHOL EVALUATION, and if counseling is recommended you must complete such counseling and provide a written successful discharge. (The CRN alcohol evaluation contact person for Dauphin County is Jennifer Vergot @ 780-6929. Jennifer will need your arrest date, the police department name, and your BAC level. The CRN for Dauphin County should be scheduled ASAP.)
The ARD/DUI LICENSE SUSPENSION is based on your blood alcohol level
Less than .10 BAC ö NO Suspension
.10 to less than .16 BAC ö 30 day Suspension (or Drugs)
.16 BAC and above ö 60 day Suspension
If you refused the BAC test or were under the influence of a drug other than alcohol or an accident occurred, your suspension will be 60 days.
Minor at time of offense – 90 day Suspension
CDL will be disqualified for 1 year/ 3 year with hazmat
Dauphin County ARD also requires 40 hours of COMMUNITY SERVICE.
DRUG CASE DEFENDANTS WILL BE DRUG TESTED ON COURT DAY!
If you DO NOT QUALIFY FOR ARD, you will be court ordered to:
Pay approx. $1500.00 in court costs, fines, and fees plus $35/month supervision fee;
Complete a 15 hour DUI School;
Pay for and obtain a CRN alcohol evaluation, and if counseling is recommended you must complete such counseling and provide a written successful discharge.
CDL will be disqualified for 1 year/ 3 year with hazmat.
JAIL OR PROBATION: A DUI conviction carries the following mandatory minimum penalties based on Blood Alcohol Content (BAC) and number of prior offenses (within past 10 years):
General Impairment (.08-.099 BAC)
1st OFFENSEö 6 months probation, No suspension
2nd OFFENSEö 5 days JAIL, 12 month suspension, 12 months interlock
3rd OFFENSEö 10 days JAIL, 12 month suspension, 12 months interlock
High Rate of Alcohol (.10 – .159 BAC, accident, under 21)
1st OFFENSEö 48 hrs JAIL, 12 month suspension
2nd OFFENSEö 30 days JAIL, 12 month suspension, 12 months interlock
3rd OFFENSEö 90 days JAIL – 5 years, 18 month suspension, 12 months interlock
4th OFFENSE ö 1-5 years JAIL, 18 month suspension, 12 months interlock
Highest Rate of Alcohol (.16 and higher BAC, controlled substance, refusal)
1st OFFENSEö 72 hours JAIL, 12 month suspension
2nd OFFENSEö 90 days JAIL ö 5 years, 18 month suspension, 12 months interlock
3rd OFFENSE ö 1-5 years JAIL, 18 month suspension, 12 months interlock
Alcohol Highway Safety School (DUI School) Options
All DUI defendants in Pennsylvania are required to complete a DUI Alcohol Safe Driving School. These classes are held at the following locations:
Carlisle Night School ö held at Carlisle Alliance Church, Weeknights, 6pm ö 8:30 pm, 6 classes.
Carlisle Day School ö held at Carlisle Alliance Church, Saturday, 8 am ö1 pm, 3 consecutive Saturdays.
Mech. Night School- held at 1st Church of God, Weeknights, 7pm-9:30 pm, 6 classes.
Mech. Day School- held at 1st Church of God, Saturday, 8 am- 1pm, 3 consecutive Saturdays.
Multi-Offender DUI School ö held at Carlisle Alliance Church,Weeknights, 6:30ö 9:30 pm, five classes.
Contact: Nicole H. Galbraith, 240-7776, Adult Probation, 1 Courthouse Square, Carlisle, PA 17013
How Long: One class a week for Four weeks, Four hour classes
When: All year long, Mondays, Tuesday or Wednesday evenings, or Friday mornings
Where: Dauphin County Probation Gibson Street Office & Millersburg Probation Office
Contact: Eileen Lee, 780-6993, 917 Gibson Blvd., Steelton, PA 17113
How Long: 5 Classes, 2 hours each class
When: Held four times a year, Tuesdays & Thursdays 7:30 ö 9:30 p.m.
Where: Basement of Perry County Courthouse
Contact: Robert Shaull, 582-5125, Perry County Courthouse, New Bloomfield, PA 17068
Drug & Alcohol Evaluations / Counseling Services
Dauphin County D&A Services – 717.635.2254
Cumberland County D&A Services – 717.240.6300
MAZZITTI & SULLIVAN
3207 North Front Street
717.901.5652 PA COUNSELING SERVICES
4918 Locust Lane
717.671.9610 NAAMAN CENTER
4600 East Harrisburg Pike
561 West Chocolate Avenue
717.534.1650 WHITE DEER RUN
2001 North Front Street
717.221.8712 WEAVER COUNSELING
4607 Locust Lane
2039 North 2ND Street
717.233.3424 GUIDANCE ASSOCIATES
475 West Governor Road
401 East Louther Street
717.249.6589 6 State Sreet
717.766.8517 PA COUSELING SERVICES
601 Roxbury Road
1.800.648.4673 HOLY SPIRT HOSPITAL
Camp Hill, PA
717.763.3008 PERRY HUMAN SERVICES
New Bloomfield, PA