How does ARD for a DUI differ in Delaware, Chester and Montgomery counties?

Last updated October 4, 2026.

The statewide rules are the same in all three counties: only the District Attorney can put a DUI case into ARD, court supervision lasts six to 12 months, and the license suspension depends on blood alcohol. What differs is the local path. Delaware County requires DUI-ARD applicants to waive the preliminary hearing, formal arraignment and pretrial motions; Montgomery County wants the application soon after the preliminary hearing, with community service and court costs finished before the ARD date; Chester County fast-tracks participants into its own DUI Program classes.

Giribaldi Law handles DUI cases in all three counties from our office across from the Delaware County Courthouse. Below is what each county publishes today, starting with the rules every county must follow. For the wider picture, see our Pennsylvania DUI defense page.

What is the same in every Pennsylvania county?

Section 3807 of the Vehicle Code sets minimum terms for DUI ARD, and each county's program sits on top of them.

Two newer rules apply everywhere. A new DUI within 10 years after completing ARD is now its own offense, DUI following diversion, under 75 Pa.C.S. 3802(h), added by Act 58 of 2025. And even after expungement, the clerk of courts keeps a non-public copy of the completion order for 12 years for use only in a later 3802(h) prosecution, while PennDOT keeps its own record of the ARD for 12 years (75 Pa.C.S. 3807(f) and 1534). Our page on whether a DUI can be expunged explains what that means for background checks.

How does DUI ARD work in Delaware County?

The Delaware County District Attorney's application took effect in September 2026, and the DA's programs page was updated on September 28, 2026. The application sets these requirements:

• You must have a lawyer; the office will not consider an application from someone who is unrepresented.
• You must be fingerprinted, and the agency and date go on the Entry of Appearance and Waiver of Arraignment form.
• DUI-ARD applicants waive the preliminary hearing, formal arraignment and all pretrial motions. The application describes DUI-ARD cases as those where only DUI and related traffic offenses are charged and no crash is indicated in the affidavit of probable cause. That waiver is a real decision, covered in whether to waive your preliminary hearing in a Delaware County DUI.
• Three documents (the application, the entry of appearance and waiver of arraignment, and an ARD Rule 600 waiver) go to the Office of the Court Administrator at least 14 days before formal arraignment. Our guide to what to expect at the Delaware County Courthouse shows where that office sits and what happens if the application is turned down.
• Applicants accept a pretrial conference about six months after formal arraignment and waive speedy trial rights through that date.

The application then lists minimum dispositions by tier:

Every DUI-ARD applicant also completes a CRN evaluation and alcohol safe driving classes, and finishing both before formal arraignment cuts the recommended community service in half. The county's Diagnostic Services department schedules the CRN evaluation, and its page lists Alcohol Highway Safety School classes at the Emergency Services Training Center in Sharon Hill and the Government Center in Media. Program costs and a monthly supervision fee are part of the program; the county's documents describe how and when they are paid.

How does DUI ARD work in Montgomery County?

The Montgomery County District Attorney's office asks for a written application "as soon as possible following the preliminary hearing," sent by email or mail to its ARD Unit on the fourth floor of the Courthouse in Norristown. The DA's page says an applicant generally must waive the preliminary hearing and formal arraignment, and that police and victims may comment on the application. It describes the program as generally available to first-time offenders with no prior criminal convictions and no prior ARD, and says the decision rests solely with the District Attorney. Approved applicants are admitted by a judge of the Court of Common Pleas and, after finishing, may petition the court to expunge the record.

The county's Adult Probation page then lists what a DUI applicant must do before the ARD date:

• Schedule a CRN evaluation with the DUI Unit, and if it calls for one, a drug and alcohol assessment with Rise Above. The county says all DUI offenders who live outside Montgomery County also complete their assessment through Rise Above.
• Attend Alcohol Highway Safety School, a 12.5-hour classroom course that the DUI Unit schedules after the CRN evaluation. Classes run on two consecutive Saturdays in Norristown or Willow Grove, or on two consecutive weekdays in Lansdale.
• Finish community service before the ARD date.
• Pay court costs before admission, unless a hardship request is granted; requests go in at least one week before the ARD deadline. Payments by check or money order must reach the Clerk of Courts at least two weeks before the ARD date.

Montgomery County also tells applicants that any ARD license suspension becomes effective within 60 days, with notice from PennDOT, and that ARD participants report once a month, on the day of the month of their birthday, through a phone and web service called Monitor Connect instead of reporting in person. For the rest of the local process, from the district courts to the Clerk of Courts, see what to expect at the Montgomery County Courthouse in Norristown. Our overview of criminal and DUI cases in Montgomery County lists the district court for each town. The DA reports that ARD participants do weekly community service clean-ups throughout the county, particularly in Norristown and Pottstown; see our Norristown page. Our Pottstown page covers the two district courts there.

How does DUI ARD work in Chester County?

Chester County describes ARD as a pretrial diversion program for people with limited or no prior record who are screened by the District Attorney. Its DUI participants are "fast-tracked" into the Chester County DUI Program's alcohol education classes, and into treatment if recommended. The DA's application, revised January 13, 2026, offers three tracks: DUI-ARD, non-DUI ARD, and a combined DUI-ARD and Drug Court program.

The Chester County colloquy adds local detail. A DUI ARD program may not exceed 12 months, DUI applicants are evaluated by the county's Adult Probation Department, and applicants waive the statute of limitations and speedy trial rights from the day they sign. The county's written ARD probation rules also require reporting any police contact within 72 hours and bar possessing firearms during ARD probation. Leaving Pennsylvania for more than 14 days needs the probation officer's permission in advance.

The Chester County application is strict about history. It warns that many applications are denied because the criminal history questions are not answered accurately, and it asks about every arrest, summons, citation, ARD or conviction, including juvenile and summary matters and charges that were dropped, dismissed, pardoned or expunged. False or misleading answers lead to denial and can bring a separate charge.

How do the three counties compare?

Criminal cases are brought before the district court for the place where the offense allegedly happened (Pa.R.Crim.P. 130), so the program that applies follows the county of the stop, not the county where you live. Because the tiers turn on the test result, it is worth checking how and when your blood or breath sample was taken; our page on the two-hour rule for DUI tests explains why timing matters. To see whether you can apply at all, read who is eligible for DUI ARD. For what the program and its classes add to the bill, see what a DUI costs beyond the fine.

What changes the answer?

• Where the stop happened. Venue follows the place of the offense (Pa.R.Crim.P. 130), so a Delaware County resident stopped in Montgomery County applies to the Montgomery County DA.
• Your record. State law bars DUI ARD after a DUI conviction or ARD within ten years, apart from a narrow exception (75 Pa.C.S. 3807(a)(2)(i)). Montgomery County describes its program as generally for people with no prior convictions and no prior ARD, and Chester County screens for "limited or no prior record."
• A crash, a child passenger or a victim who objects. A crash that killed or seriously injured someone else, or a passenger under 14, bars DUI ARD under 3807(a)(2). Delaware County adds its own list, including leaving the scene, conduct that seriously endangered someone, and a civilian victim who does not agree to ARD. Our page on a DUI with a crash and injuries explains the separate charges a crash can bring.
• Your test result and the type of case. The BAC tier sets the ARD suspension in every county (3807(d)). Montgomery County's DUI Program notes that a full drug and alcohol assessment is required for a prior DUI, a driver under 21, controlled substances, a refusal, or a BAC of 0.16% or higher.
• Other charges in the same case. Delaware County's DUI-ARD track covers DUI and related traffic offenses only. Charges outside that track follow the county's general ARD rules, compared in diversion programs for non-DUI charges in Delaware County.
• A commercial license. For the commercial license rules, accepting ARD counts as a conviction (75 Pa.C.S. 1603), so it does not avoid a disqualification; see what a DUI means for a commercial driver's license.

For example: a Delaware County resident stopped in King of Prussia

Here is a hypothetical. A driver who lives in Springfield, Delaware County, is stopped in Upper Merion Township, Montgomery County, on the way home from work. It is a first offense with a breath result of 0.09%. Because the offense happened in Montgomery County, the case starts at a Montgomery County district court and the Montgomery County DA decides ARD, even though the driver lives a few miles from Media.

After the preliminary hearing is scheduled, the driver's lawyer sends the written application to the DA's ARD Unit. The driver books the CRN evaluation with the Montgomery County DUI Unit, takes Alcohol Highway Safety School over two Saturdays, finishes community service, and pays the court costs before the ARD date, mailing any check at least two weeks ahead. At 0.09% there is no ARD license suspension. Had the same stop happened in Upper Darby, the paperwork would have gone to the Delaware County Court Administrator 14 days before arraignment instead. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with ARD in these counties?

• Applying in the county where they live. The DA for the county of the stop decides.
• Using one county's deadline in another. Delaware County counts back 14 days from formal arraignment; Montgomery County wants the application as soon as possible after the preliminary hearing.
• Leaving old matters off the application. Chester County asks for dismissed and expunged charges too, and incomplete answers are a common reason for denial.
• Waiting to start the classes. In Delaware County, finishing the CRN evaluation and classes before arraignment halves the recommended community service; in Montgomery County, community service must be done before the ARD date.
• Forgetting the 3802(h) warning. A completed DUI ARD can become an element of a new DUI within ten years.

What should I do this week?

1. Confirm the county and district court on your paperwork; that decides which DA and which program apply.
2. List every prior arrest, citation, diversion or conviction, even old, dismissed or expunged ones.
3. Find your test result, or note that you refused, so you know your likely tier.
4. Schedule the CRN evaluation with the right county as early as the rules allow.
5. Calendar the county's ARD deadline: 14 days before arraignment in Delaware County, soon after the preliminary hearing in Montgomery County.
6. Speak with a lawyer before you waive any hearing or sign a colloquy.

What do the county ARD forms now warn about?

Both the Delaware County and Chester County forms now ask applicants to confirm they understand that a completed DUI ARD will be used as an element of any new DUI within 10 years under 3802(h), and that the Commonwealth will not have to prove the conduct behind the earlier ARD. That trade-off belongs in the decision before you sign, and our page on whether to accept ARD or fight a DUI weighs it against the alternatives.

Frequently asked questions

Can I choose which county's ARD program I use?

No. The case is brought where the offense allegedly happened (Pa.R.Crim.P. 130), and only that county's District Attorney can move it into ARD (Pa.R.Crim.P. 310). Where you live does not change that.

How long does DUI ARD supervision last?

State law sets six to 12 months of supervision for DUI ARD (75 Pa.C.S. 3807(b)(1)(iv)). Delaware County's published minimum for each DUI tier is 12 months of probation, and Chester County's colloquy says a DUI ARD program may not exceed 12 months.

Do I need a lawyer to apply?

Delaware County will not consider an application from someone without a lawyer. Chester County's form includes a verification signed by defense counsel. Even where a lawyer is not strictly required, the waivers that come with ARD are hard to undo once signed.

What happens if the DA rejects my application?

The case goes on as an ordinary prosecution. In Delaware County the DA gives the reasons and sends the case to a trial team. Our page on whether to accept ARD or fight a DUI covers what that path looks like.

Does ARD stop PennDOT from suspending my license?

No. The ARD suspension is set by blood alcohol, from none to 60 days, or 90 days for a minor (75 Pa.C.S. 3807(d)). Montgomery County says a suspension takes effect within 60 days, with notice from PennDOT. Our page on when PennDOT suspends your license after a DUI explains the timing.

Is my record cleared when I finish?

When the judge dismisses the charges after ARD, the judge also orders expungement of the arrest record, unless the prosecutor objects within 30 days (Pa.R.Crim.P. 320). A non-public copy of the completion order is still kept for 12 years under 3807(f), and PennDOT keeps its own record.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about ARD in Delaware, Chester or Montgomery County.