© 2019 by Law Offices of Michael F. Niznik

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Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

ARD PROGRAM

PHILADELPHIA ARD LAWYER

Accelerated Rehabilitative Disposition ("ARD") Program

 

The ARD Program is a program available to first time DUI offenders in Pennsylvania as a way to reduce the impact a DUI will have on your life and your driver's license. Under the ARD program, the penalties for a DUI are reduced and, once the court conditions are completed, the DUI will be expunged and removed from your record.  The program is not available to everyone and it is important to have an experienced criminal defense attorney on your side to ensure that you are admitted into the program. 

 

Does New Jersey have an ARD Program?

New Jersey does not currently have an ARD program for DWI charges; however, there are certain diversionary programs available for other charges such as drug offenses.  

 

 

With the ARD Program - Penalty for First Offense DUI:

With the ARD Program, and depending on the circumstances of the case, the penalties for a first offense DUI can be reduced significantly:

 

  • Nothing on your record - your record will be expunged and all traces of the DUI will be removed from your record;

  • No jail time;

  • As little as no driver's license suspension;

  • Alcohol Highway Safety School;

  • Probation for a period of as short as 6 months;

  • Drug and Alcohol Assessment;

  • Other conditions as may be imposed by the Court.

 

The ARD program significantly reduces the penalty for a first offense DUI and, most importantly, the ARD program allows you to have the DUI charge expunged from your record completely.  Remember, the penalties for a first offense DUI are harsh but with The Law Office of Michael F. Niznik on your side, we can work to get you onto the ARD program and have the DUI removed and expunged from your record. 

No matter which DUI statute you have been charged under, you can challenge a DUI on a number of grounds:

 

  • Probable Cause: An officer must have reasonable suspicion to stop your vehicle and probable cause to request that you perform field sobriety tests or submit to a breathalyzer.

 

  • Sobriety Test: These tests are nothing more than an opinion of whether or not you are intoxicated by an officer whose job it is to gather evidence of your guilt. There are only three nationally recognized field sobriety tests and the results should be challenged in court by an experienced attorney.

 

  • Breathalyzer Test: The Intoxilyzer 5000 is under heavy fire in Pennsylvania and numerous other states. The results simply are not accurate and the machine does not do what it purports to do.

 

  • Officer training: Officers need specialized training to conduct a DUI investigation and arrest. Likewise, special training is required to administer a breath test.

 

  • Officer conduct: The overall conduct and experience of an officer at the scene can be challenged.

 

  • Diversion: You may be eligible for the state's Accelerated Rehabilitative Disposition (ARD).

 

  • Plea Bargain: Your attorney may be successful in seeking a reduction or dismissal of the charges.

If you or someone you know has been charged with a DUI/DWI, do not delay in contacting an attorney. Attorney Michael F. Niznik will review your case and offer you a free consultation regarding the charges.