Intro
How to get ARD in Adams County, PA is helpful to know, but it does not really matter if you are not eligible for ARD in the first place.
Why? Because if you are not eligible, you can’t get ARD, no matter what you do.
The eligibility requirements, which you can look at as deal-breakers, are different for DUI and Non-DUI cases.
The legislature, the District Attorney (“DA”), and the Court all get a say on who does and who does not get into ARD. They each have their own gate. You have to pass through all three.
The legislature
For DUI cases, the legislature’s deal-breakers are published under 75 Pa.C.S.A. § 3807.
According to Section 3807(a)(1), the DA may consider a person charged with DUI for participation in ARD as long as the program includes the “minimum requirements” of Section 3807. Section 3807 goes on to spell out a number of different requirements, related to evaluation and treatment, license suspensions, and the failure to comply with other requirements in Section 3807.
According to Section 3807(a)(2), even if those minimum requirements are met, the DA is still may may not submit a charge for ARD if:
The defendant has been found guilty of or accepted ARD of a charge brought under Section 3802 within 10 years of the date of the current offense unless the charge was for an ungraded misdemeanor under Section 3802(a)(2) and was the defendant's first offense;
An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident; or
There was a passenger under 14 years of age in the motor vehicle the defendant was operating.
For example
We can’t recall a single case where the local DA moved for the admission of someone into ARD when that person had another DUI within the past 10 years.
So the legislature may allow it, but the DA probably won’t, even if it was a first-tier DUI under Section 3802(a)(2).
Last check
1/5/2026 is the date we last checked the legislature’s list of deal-breakers.
The DA
For DUI cases, the DA’s deal-breakers are published on the DA’s ARD webpage.
According to the DA, in DUI cases, “only first offenders and those defendants who do not have a prior DUI conviction, other criminal conviction or prior entry into a diversionary program within the last ten (10) years are eligible for application to the program.”
Even if you are eligible to apply, there are a number of different “circumstances” that “will preclude you from entering the ARD program.”
What are those circumstances? Here they are:
You did not have a valid driver’s license at the time of the arrest.
There was an accident which resulted in death or serious bodily injury to a person other than you.
You were on parole or probation at the time of the incident.
You were involved in fleeing or eluding the police during the incident.
You were involved in any other felony or misdemeanor in addition to the DUI charge.
You had a passenger in your vehicle under age 14.
You have prior convictions for misdemeanors or felonies which are non-DUI related.
You have any misdemeanor or felony criminal charges pending in Pennsylvania or any other state or federal jurisdiction.
You were not in the United States legally at the time you were arrested or apply for the ARD Program.
You did not waive your Preliminary Hearing.
You filed an Omnibus Pretrial Motion for Relief.
You did not submit an ARD application to the District Attorney’s Office seven (7) days prior to your formal arraignment date.
You did not complete your CRN evaluation prior to your formal arraignment date.
So there are front-end and back-end deal breakers, based on the way the DA’s policy is drafted.
Some of the deal-breakers echo those under the statute.
Last check
1/5/2026 is the date we last checked the DA’s list of deal-breakers.
Exceptions to let you in
According to the DA, he “reserves the right to exercise discretion as to inclusion…in the interest of justice.” In other words, the DA can make exceptions to the deal-breakers and let people through the ARD gate, as he sees fit.
The DA can cut people a break, and often does thank goodness, to the point that some unwritten exceptions are almost as clear as the written rules.
If you want the DA to make an exception for you, you should consider submitting mitigation evidence (e.g., apology/hardship letter, treatment documents, character references) with your application.
You can also do that even in the typical case, where there is no obvious disqualifer, but you probably will not need to.
For example
If you are charged with DUI, and also with possession of a small amount of marijuana, which is a misdemeanor, that is a deal-breaker, right?
Technically, it is, but the DA will typically green-light ARD in this situation, assuming that you are otherwise eligible for the program.
Which makes sense, doesn’t it? Especially when the DUI is marijuana related.
Exceptions to keep you out
But the DA can also make exceptions and close the gate, to keep people out of ARD.
In theory, there are fences to the DA’s discretion. His policy must be rationally related to:
The protection of society, or
The likelihood you will be rehabilitated by the program.
He can’t base his decision on race or religion or other “obviously prohibited considerations.”
In practice, “protection” and “rehabilitation” can feel like little more than magic words that the DA need only repeat to avoid real scrutiny.
If your application is initially rejected, again, you can submit mitigation evidence, this time in support of a request for reconsideration.
For example
ARD is a legislatively mandated program for DUI cases. Yet at one point, the DA went so far as to basically shut down ARD for new applicants.
Translation? The possibility that some applicants might get another DUI(s) in the future and not face repeat offense penalties the DA was enough to end the program for all applicants.
The defect in the law was fixed, months later. But a bunch of first-time offenders wound up with criminal records in the interim. Tragic, and grossly unfair, in our view.
The judge “may” have personally disagreed with the DA’s decision, but the judge upheld the DA’s power to make it. The judge’s hands were tied, in its opinion.
Some of our clients challenged the DA’s decision, and the judge’s, and some were spared. Not because the challenge was successful, but because the law was fixed while it was pending, before the appellate courts could consider it.
Fortunately, the judge postponed the cases where a challenge was made long enough for the fix to happen.
So does the DA have the power to say no ARD because he does not want to follow the law—because he thinks the constitutional parts of the law are not harsh enough?
Hmm. What could be more irrational or prohibited a consideration than that!
The Court
For DUI cases, the Court does not have it’s own published list of deal-breakers except for those related to prior criminal history in the ARD application itself, which is a Court form developed in conjunction with the DA.
But once the DA moves for the admission of someone into ARD, the Court is not, by design, a rubber-stamp. The Judge can exercise his/her own discretion. The Judge can make his/her own decision as to whether ARD will be beneficial to the defendant and to the community.
Having said that, the Court usually does not change course. It is highly unusual for the DA to go one way and the Court to go the other. If the DA says ARD is a go, you can pretty much take that to the bank.
Further research
Last check
1/5/2026.
Non-DUI cases
The legislature
For non-DUI cases, the legislature has published a list of deal-breakers under 18 Pa.C.S.A. § 1111.
According to Section 1111, the DA may not recommend ARD for anyone charged with the following felony sex offenses:
Rape,
Involuntary deviate sexual intercourse, or
Aggravated indecent assault,
if the alleged victim was under 18 years of age at the time the offense was allegedly committed.
There ”may” also be some deal-breakers for certain summary cases.
In any case, there is no ARD for summary cases in Adams County.
For example
We have never seen the DA recommend ARD for any felony sex offense even where the alleged victim was 18 year of age or over. So that qualifier does not mean much in the real world.
The rules
According to the introductory comment to the Rules related to ARD, the Rules “do not specify those classes of offenses or offenders that are eligible or ineligible for inclusion in the ARD program.
We make reference to the Rules here because of the observation made in the comments, namely, that “[i]n general, the district attorney has the responsibility for determining which cases will be recommended for entry into the ARD program.”
The only mandated ARD program for any class of cases that we are aware of is the one mandated for DUI cases under 75 Pa.C.S.A. § 1552.
The DA
For non-DUI cases, the deal-breakers according to the DA are published on the DA’s website on his ARD page.
According to the DA, “in cases where the most serious charged filed against you is a misdemeanor and you are not charged with a DUI, you are eligible to apply for the ARD/Non-DUI Program.” Even if you are eligible to apply, there are a number of different circumstances that “will preclude you from entering the ARD/Non-DUI Program.”
The circumstances for ARD in non-DUI cases are different than they are for DUI cases. They circumstances include:
Your charges include any of the following crimes:
Fleeing or Attempting to Eluding a Police Officer
Accidents Involving Death or Personal Injury
Accidents Involving Damage to Attended Vehicle or Property
Any misdemeanor crime under the Vehicle Code where you did not possess a valid driver’s license
Any misdemeanor under Chapter 31 of the Crimes Code (Sexual Offenses)
Resisting Arrest or Other Law Enforcement
Offenses subject to the Deadly Weapons EnhancementYou were on parole or probation at the time of the incident.
You were charged with any felony and/or multiple misdemeanors.
You have prior convictions for misdemeanors or felonies.
You have any misdemeanor or felony criminal charges pending in Pennsylvania or any other state or federal jurisdiction.
You were previously admitted into a diversionary program for a felony or misdemeanor in Pennsylvania or any other state or federal jurisdiction.
You were not in the United States legally at the time you were arrested or apply for the ARD Program. The burden is on you to show that you were legally in the United States at the time charges were filed and at the time you enter the ARD Program.
You failed to waive your Preliminary Hearing.
You filed an Omnibus Pretrial Motion for Relief.
You did not submit an ARD application to the District Attorney’s Office seven (7) days prior to your formal arraignment date.
Like in DUI cases, in non-DUI cases, there are front-end and back-end deal breakers. Some of the deal-breakers echo those under the statute.
Like in DUI cases, in non-DUI cases, the DA “reserves the right to exercise discretion” to let people through the ARD gate, or keep people out of the program.
Last check
1/5/2026 is the date we last checked the DA’s list of deal-breakers.
The Court
Like in DUI cases, in non-DUI cases, the Court does not have its own published list of deal-breakers except for those related to prior criminal history in the ARD application itself.
Last check
1/5/2026.
Other cases and programs
In Adams County, there are first-time offender programs other than ARD that you may want to consider, for other types of cases.
ADP
If you are charged with possession of a controlled substance or possession of drug paraphernalia, and the charges are not related to heroin, they do not offer ARD. But they do offer a first-time offender program called the Addiction Diversionary Program, otherwise known as “ADP.”
You can find the application and information sheet on the Adams County, PA website on the ADP webpage for the District Attorney. You can also find a Spanish version of the information sheet there.
But wait, isn’t this non-DUI?
Yes, it is, but think of ADP as an exception to the ARD rule for non-DUI cases. ARD is deemed to be a bit too much for the lower level drug-related cases to which ADP applies.
Further research
ADP is similar to probation without verdict under Section 17 of the Controlled Substance, Drug, Device and Cosmetic Act.
YOP
If you are charged with a summary offense, they do not offer ARD, regardless of the type of charge. But they do offer a first-time offender program called the Youthful Offenders Alcohol and Controlled Substances Education Program, otherwise known as “YOP.”
You can find the application and related documents on the Adams County, PA website. For example, you can find links to the documents on the forms webpage for Magisterial District Judge Matthew Harvey. Here is a direct link to the documents.
But isn’t this non-DUI, too?
Yes, it is. Think of YOP as the ADP for summary cases, meaning ARD is a bit too much, but so is ADP when dealing with petty offenses like summaries.
Consent decree
If your case is in juvenile court, they do not offer ARD, regardless of the type of charge. But they do offer a similar program called a Consent Decree.
Pending.
But isn’t this ARD by another name?
Pretty much, only it’s for juveniles who are prosecuted in juvenile court.
Comments
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