Pennsylvania Superior Court Holds that Acceptance into ARD Program Constitutes a Conviction for Sentencing Purposes on Subsequent Offenses

The Pennsylvania Superior Court recently upheld a conviction for a second Driving under the Influence offense, appealed by a minor who argued that his acceptance into an Accelerated Rehabilitative Disposition (ARD) program did not constitute a prior conviction. William Joseph Love, a minor, was charged with DUI, DUI as a minor, and careless driving in February of 2006. In June of 2006, the Commonwealth accepted Love into the ARD program; a one-time program similar to probation where if the offender satisfies all of the criteria set forth, criminal charges will be expunged from their record. Then, in September of 2006, Love was arrested again on charges of DUI and related offenses, including driving on a DUI-related suspended license. His ARD was subsequently revoked, causing him to have to stand trial for the February 2006 offense. Love was convicted of the September 2006 offenses in September of 2007, and then pled guilty to the earlier offenses in November of 2007. Later in November of 2007, Love was sentenced for his conviction on the second offense.

The trial court determined that Love’s acceptance into the ARD program for his first offense constituted a “previous conviction” within the past 10-years, allowing the recidivist enhancement of Pennsylvania’s DUI statute to take effect; the enhancement allows for increased penalties for repeat offenders. Love argued that his acceptance into the ARD program did not constitute a previous conviction, and further that he had not been convicted or sentenced for his first offense prior to being convicted of his second. The Pennsylvania Superior Court looked to both State statue and case-law precedent to determine that acceptance into ARD and other preliminary dispositions in fact constitute the equivalent of a conviction for sentencing purposes. Therefore, it did not matter that Love had yet to be convicted or sentenced for his first offense before being convicted of his second; his acceptance into ARD for the first offense constituted a conviction for the purpose of sentencing on his subsequent violations.

Drunk Driving

Driving under the influence in Pennsylvania is a serious matter, as it is in every state, and carries minimum penalties required by Pennsylvania statute. The mandatory minimum is based on elements of the conviction, with increases in the mandatory minimum based on any previous conviction for DUI or comparable offense within the past ten years. Penalties can range from 6-months probation to up to one year in prison; along with other fines and penalties.

If you have been arrested for Drunk Driving, DUI, DWI, or Underage Drinking, contact a Philadelphia Criminal Defense Attorney immediately. There may be defenses available to you, which can reduce or eliminate penalties associated with these charges.