How ARD works in Delaware County DUI cases PART 1 of 3: Who is Eligible for ARD in DELCO – by Michael A. Burns, Esq. (Burns Law LLC) for

ARD is a statutory provision found in 234 PA Rule 316. Under the “Conditions of the Program” the statute reads:

  1. The conditions of the program may be such as may be imposed with respect to probation after conviction of a crime, including restitution, except that a fine may not be imposed. In addition, the conditions of the program may include the imposition of costs, the imposition of a reasonable charge relating to the expense of administering the program, and such other conditions as may be agreed to by the parties.
  2. The period of such program for any defendant shall not exceed two years.

Thus, the law is pretty vague on what specific guidelines are offered in an ARD.  The result is that each county in Pennsylvania offers different provisions and determinations for its ARD program. In Delaware County, it is the complete discretion of the District Attorney’s Office as to whether you can be granted ARD.  However, your attorney can affect many aspects of this consideration throughout the process with careful negotiations and effective stategy. 

In Delaware County, you will only be eligible to apply for ARD in a DUI situation under the following conditions:

  1. You have never had a previous ARD in a non-DUI case
  2. You have not received ARD in a DUI case in the past ten (10) years

ARD applications in Delaware County are generally filled out at the preliminary hearing.  However, a petition for ARD can also be made after at the pre-trial conference.  This is an important strategy to impose depending on your specific case and situation.  Thus, the application process should be left to an experienced and knowledgeable attorney. 

If you were arrested for a DUI in Delaware County, and wish to speak with a local Delaware County DUI lawyer, contact Burns Law LLC by email at or by phone at 610.586.1828 for a free consultation.  A DUI lawyer can review your case to see if you are eligible for ARD and help guide you through the process of your case.

 –  Michael A. Burns, Esq. is a partner at Burns Law LLC and a regular author and contributor to