Common Reasons for Removal from the ARD Program and How to Avoid Them
The Accelerated Rehabilitative Disposition (ARD) program is a lifeline for first-time DUI offenders in Pennsylvania, offering them the chance to avoid a criminal conviction and expunge their record upon successful completion. However, entering the ARD program is just the beginning. Staying in the program and completing its requirements can be challenging if you’re not fully aware of the rules and expectations. As a Pittsburgh attorney with years of experience, I’ve seen how easily mistakes can lead to removal from the ARD program—and I’ve helped many clients avoid these pitfalls. Here’s what you need to know.
Common Reasons for Removal from the ARD Program
1. Failure to Complete Program Requirements
The ARD program has strict requirements, which may include:
- Attending alcohol education classes
- Completing community service hours
- Paying all court costs, fines, and program fees
- Participating in treatment programs, if applicable
Failing to meet any of these obligations within the designated timeframe is one of the most common reasons participants are removed from the program.
2. New Criminal Charges
Committing a new offense, like a second or subsequent DUI, while enrolled in the ARD program is a serious violation that often results in immediate removal. The program is designed for first-time offenders who demonstrate a commitment to rehabilitation, so additional criminal activity undermines that goal.
3. Failure to Pay Fines and Fees
The ARD program can be costly, with fees including court costs, program fees, and fines. Failure to pay these on time can lead to removal from the program. While payment plans may be available, missing payments without communication can jeopardize your standing.
4. Violating Probation or Program Rules
Participants in the ARD program are often subject to probation-like conditions, such as abstaining from alcohol, avoiding certain locations, or submitting to random drug or alcohol testing. Violating these rules, even unintentionally, can result in removal.
5. Poor Communication with Program Supervisors
Failing to communicate with your probation officer or program supervisor about missed deadlines, personal issues, or other concerns can lead to misunderstandings and, ultimately, removal from the program. Open and proactive communication is key.
How to Avoid Removal from the ARD Program
1. Understand the Program Requirements
When you enter the ARD program, make sure you fully understand all the requirements and deadlines. Work with your attorney to create a checklist and timeline to stay on track. Ignorance of the rules is not an excuse for non-compliance.
2. Stay Organized
Keep detailed records of your progress in the program. Maintain receipts for payments, proof of community service hours, and certificates of completion for any required classes or programs. This documentation can serve as evidence if there’s ever a dispute about your compliance.
3. Communicate Regularly
If you’re facing challenges—such as financial difficulties or scheduling conflicts—don’t wait until it’s too late to address them. Reach out to your program supervisor or attorney as soon as possible to discuss your options and find solutions.
4. Avoid New Legal Trouble
This may seem obvious, but it’s worth emphasizing: Avoid any behavior that could result in new criminal charges. Even minor offenses, such as traffic violations, can raise red flags and jeopardize your status in the program.
5. Work with an Experienced Attorney
An experienced DUI attorney can guide you through the ARD program, helping you understand the requirements and advocating on your behalf if issues arise. Your attorney can also help negotiate alternative solutions if you’re at risk of removal.
What Happens if You’re Removed from the ARD Program?
If you are removed from the ARD program, your original DUI charges will be reinstated, and your case will proceed as if you had never entered the program. This means you could face the full range of penalties associated with a DUI conviction, including fines, license suspension, and even jail time. However, being removed from ARD is not the end of the road—you still have options, and an experienced attorney can help you explore them.
Final Thoughts about Removal from the ARD Program
The ARD program is a valuable opportunity for those who qualify, but it requires diligence and commitment to complete successfully. By understanding the common reasons for removal and taking proactive steps to avoid them, you can increase your chances of completing the program and putting your DUI charges behind you.
If you’re facing DUI charges in Pittsburgh and are considering the ARD program, contact our office. I’ll help you navigate the process, stay compliant, and achieve the best possible outcome for your case. Your future is too important to leave to chance.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.