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Does an ARD count as a prior offense?

Posted by Paul M. Aaroe, II | Oct 29, 2024 | 0 Comments

The statute does say that an ARD which was granted within 10 years of the date of the current offense counts as a prior offense to enhance mandatory minimums and maximum penalties in a subsequent DUI conviction.
However,

The Supreme Court of Pennsylvania has granted review in Commonwealth v. Richards to address critical questions regarding the treatment of Accelerated Rehabilitative Disposition (ARD) in DUI cases. Specifically, the case questions whether counting a prior ARD acceptance as a prior offense, without the procedural protections of a formal conviction, violates due process and fairness, especially in light of the U.S. Supreme Court decision in Alleyne v. United States, which requires proof beyond a reasonable doubt for factors that increase mandatory minimum sentences.

The Richards case, currently under review, could potentially reshape how prior ARD is considered in subsequent DUI sentencing. The Pennsylvania Supreme Court's decision is expected to address whether ARD should be treated similarly to a conviction when calculating recidivist penalties, potentially overruling past precedents like Chichkin. This decision could impact how repeat DUI offenses are handled and the civil consequences associated with prior ARD completions .

Many of my current Current cases are being postponed, pending the outcome of this decision.  Check back for further developments.

About the Author

Paul M. Aaroe, II

Why Paul Aaroe is considered the “go to” DUI Lawyer in the Lehigh Valley: **Experience and Expertise** With over 30 years of experience in DUI defense, Paul Aaroe has handled thousands of DUI cases. His deep understanding of DUI laws and his strategic approach to defense make him a formidable a...

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