Am I eligible for ARD after a DUI in Delaware County?

Last updated October 4, 2026.

You may be eligible if Pennsylvania law does not bar you and the Delaware County District Attorney agrees to recommend you. The law bars DUI ARD after a DUI conviction or ARD within 10 years (with one narrow exception), after a crash that killed or seriously injured someone else, or when a child under 14 was in your vehicle. On top of that, the county's September 2026 application lists six situations that make a DUI applicant ineligible, and acceptance is always at the DA's discretion.

ARD can end a first DUI with a dismissal instead of a conviction, so eligibility is usually the first question we answer in a DUI defense consultation. Here is how the state and county rules fit together.

What does Pennsylvania law rule out?

Under 75 Pa.C.S. 3807(a)(2), the prosecutor "shall not submit" a DUI charge for ARD if any of these apply:

• You were found guilty of, or accepted ARD for, a DUI charge 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 under section 3802."
• A crash connected to the current offense killed someone other than you, or caused them serious bodily injury.
• A passenger under 14 years of age was in the vehicle you were operating.

The exception in the first bar is narrow: it concerns an earlier first-offense charge under 3802(a)(2), the 0.08% to under 0.10% tier. Whether it helps depends on exactly how the old case was charged and resolved, so bring any paperwork you have from it. If an earlier case already ended in a conviction, our page on how prior drunk driving convictions affect a new case explains what else changes.

What does the Delaware County DA add?

The statute only sets the floor. The county's application, effective September 2026, says ARD is meant for "carefully screened defendants, typically first-time offenders," and that a defendant may be considered if they have no prior record or have led a law-abiding life for a substantial period. It also lists six conditions that make a DUI applicant ineligible:

Before the DA recommends anyone, the arresting officer may comment, and a victim may submit a written impact statement. The application adds that there is "no right to participate" and that eligibility is decided case by case at the DA's sole discretion, which matches the statewide rule that only the prosecutor can move a case into ARD (Pa.R.Crim.P. 310).

Does an old DUI or an earlier ARD count against me?

Yes, if it falls within the 10-year window. The bar in 3807(a)(2)(i) covers both a conviction and an earlier ARD for a DUI charge within 10 years of the current offense.

Expunged ARD records are not invisible for this purpose. The prosecutor and the State Police central repository keep a list of people whose records were expunged after a diversion program, used to decide later eligibility and the grading of later offenses (18 Pa.C.S. 9122(c)). PennDOT also keeps a record of each DUI ARD acceptance and completion, available to prosecutors and courts, until it expunges that record 12 years after completion (75 Pa.C.S. 1534).

The county application asks for every prior arrest, summons, citation, plea, ARD or other diversion, including charges that were dropped, dismissed or expunged. It warns that false or incomplete answers can lead to denial or removal and to prosecution for unsworn falsification under 18 Pa.C.S. 4904. Disclose everything and let your lawyer explain it.

One more change matters if you are accepted. In May 2025 the Supreme Court of Pennsylvania decided Commonwealth v. Shifflett, and the General Assembly responded with Act 58 of 2025. Since December 22, 2025, a DUI within 10 years after completing ARD is a separate offense, DUI following diversion, under 75 Pa.C.S. 3802(h). So completing ARD affects how any new DUI in the next 10 years is charged; see whether to accept ARD or fight a DUI in Pennsylvania before you apply.

Can I still get ARD with a high BAC or a refused test?

Neither is a statutory bar. The tier depends on the test result, and the result depends on when and how the sample was taken, which is why the two-hour rule for DUI tests can matter to eligibility terms. Delaware County's minimum terms place a BAC of 0.16% or higher, drugs, an accident with bodily injury, or a refusal in Tier III: 12 months of probation, 32 hours of community service and a 60-day license suspension. State law sets the same 60-day ARD suspension for a BAC of 0.16% or higher, an unknown BAC, a crash with injury or property damage, or a drug charge (75 Pa.C.S. 3807(d)(3)).

A BAC of 0.16% or higher also triggers a full assessment for substance use disorder as a condition of ARD (75 Pa.C.S. 3807(b)(2)). A refusal brings its own separate PennDOT suspension that ARD does not erase; see what happens after refusing a breath or blood test.

What if there was a crash?

A crash does not automatically rule out ARD. State law bars ARD only when someone else was killed or seriously injured. Delaware County adds leaving the scene with an occupied vehicle, seriously endangering another person and a civilian victim who objects. Its application also describes the standard DUI-ARD track as cases where only DUI and related traffic offenses are charged and no crash is indicated in the affidavit of probable cause, so a crash case should expect closer review. How a crash changes the charges themselves is covered in what happens when a DUI involves a crash with injuries.

How and when do I apply in Delaware County?

• Hire or be appointed a lawyer; the DA will not consider an unrepresented applicant, and the Public Defender's office is listed for people who cannot afford one.
• Get fingerprinted by the arresting agency or the DA's Criminal Investigative Division, with a copy of the criminal complaint.
• Submit the application, the entry of appearance and waiver of arraignment, and the ARD Rule 600 waiver at least 14 days before formal arraignment.
• Waive the preliminary hearing, as every DUI-ARD applicant must. Our page on whether to waive your preliminary hearing in a Delaware County DUI explains what that gives up.

If the DA denies the application, the county says the reasons will be provided and the case goes to a trial team. To see how this process compares with neighboring counties, read how DUI ARD differs in Delaware, Chester and Montgomery counties. For the rest of the timeline, see what happens after a DUI arrest in Delaware County. For the program's classes and charges, read what a DUI costs beyond the fine.

What changes the answer?

• How the earlier case was charged. The ten-year bar has an exception only for an earlier first offense charged under 3802(a)(2) (75 Pa.C.S. 3807(a)(2)(i)). The certified docket of the old case usually settles it.
• Your age. Drivers under 21 at the time of the offense can be considered, but Delaware County's minimum terms for them are 12 months of probation, 24 hours of community service and a 90-day suspension. Our juvenile DUI page covers the other under-21 rules.
• Other charges in the same case. The county's DUI-ARD track is for cases with only DUI and related traffic charges. Cases with other charges fall outside that track, and the county's non-DUI ARD list rules out, for example, any case in which a firearm was used or possessed; see diversion programs for non-DUI charges in Delaware County.
• Insurance. Being uninsured counts against you only when it comes with a history of suspensions for having no insurance, under the county's list.
• A substance use finding. If the CRN evaluation suggests a substance use disorder, or the BAC was 0.16% or higher, a full assessment is required, and any recommended treatment becomes a condition of ARD (75 Pa.C.S. 3807(b)(1)(ii), (iii) and (b)(2)).
• Timing. The paperwork is due at least 14 days before formal arraignment. If the case has already gone to a trial team, the county asks for the application at least one week before the next court date, or two weeks when a civilian victim is involved.

For example: a first DUI at 0.17% after a minor crash

Here is a hypothetical. A driver with no record rear-ends a parked car in Ridley Township late at night. Nobody is hurt, the driver stays at the scene, and a blood test later shows 0.17%. None of the three statutory bars applies: there is no prior DUI, nobody was killed or seriously injured, and no child was in the car.

The county's list is the harder part. A crash appears in the affidavit of probable cause, so the case falls outside the standard DUI-ARD description and the DA will look closely at whether the driving seriously endangered anyone. If the DA accepts the case, the Tier III minimums apply: 12 months of probation, 32 hours of community service and a 60-day suspension, plus the full assessment that a 0.16% result requires, with restitution for the parked car. If the DA declines, the reasons are given and the case goes to a trial team. This example is only an illustration; every case depends on its own facts.

What mistakes do people make when applying for ARD?

• Treating ARD as a right. The application says there is no right to participate, and only the DA can move a case into the program (Pa.R.Crim.P. 310).
• Leaving old matters off the form. Dropped, dismissed and expunged charges must be listed, and an incomplete answer can lead to denial, removal or a separate charge.
• Assuming an expunged ARD has disappeared. Prosecutors keep a list for later eligibility decisions (18 Pa.C.S. 9122(c)), and PennDOT keeps its own record for 12 years (75 Pa.C.S. 1534).
• Missing the 14-day deadline. The three documents are due two weeks before formal arraignment, not on the day.
• Skipping fingerprinting. The waiver form must name the agency and date of fingerprinting.
• Expecting ARD to cancel a refusal suspension. The PennDOT refusal suspension is separate and stays in place.

What should I do this week?

1. Gather the paperwork from any earlier DUI, diversion or arrest, even if it was dismissed or expunged.
2. Write down whether there was a crash, anyone hurt, or a passenger under 14 in the car.
3. Find your test result, or note that you refused testing.
4. Confirm your insurance status and any past suspensions for having no insurance.
5. Get a lawyer; the county will not consider an unrepresented applicant.
6. Arrange fingerprinting and calendar the date 14 days before your formal arraignment.
7. Use our first-week checklist after a DUI arrest in Delaware County to keep the rest on track.

Frequently asked questions

I had ARD years ago for something other than a DUI. Am I barred?

The statutory ten-year bar covers prior DUI charges only (75 Pa.C.S. 3807(a)(2)(i)). The county still looks at your whole record, since the program is aimed at people with no prior record or a long law-abiding period, so an older non-DUI diversion is a factor for the DA rather than an automatic bar.

How is the ten-year window measured?

The statute looks back ten years from the date of the new offense to the date you were found guilty of, or accepted ARD for, the earlier DUI charge. The exact dates on the old docket decide it.

Is a second DUI ever eligible?

Not if the first DUI ended in a conviction or ARD within ten years, apart from the narrow 3802(a)(2) exception. Second-offense cases follow the sentencing rules described on our second DUI offense page.

Does the arresting officer or a victim get a say?

Yes. Before the DA recommends admission, the arresting officer may comment, and a victim may submit a written impact statement. Under the county's list, a civilian victim who does not agree with ARD makes the applicant ineligible.

Where is the application filed?

With the Office of the Court Administrator at the Courthouse, 201 West Front Street in Media. Our guide to what to expect at the Delaware County Courthouse shows how ARD fits into the rest of the court process there.

Can my record be cleared after ARD?

When the charges are dismissed after ARD, the judge also orders expungement unless the prosecutor objects within 30 days (Pa.R.Crim.P. 320). Some records are still kept for later cases; see whether a DUI can be expunged or sealed in Pennsylvania.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about whether ARD is open to you.