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Thread: Can an attorney help me remove a drug-related DUI from my record?

  1. #1
    Junior Member
    Join Date
    Jul 2011

    Can an attorney help me remove a drug-related DUI from my record?

    My son was pulled over late night without his lights on. He admitted to possessing a small amount of marijuana and paraphenelia. He admitted to the officer that he smoke about an hour earlier. He was taken to a DUI center and tested. He was charged with a dui but awaiting paperwork. This is his first offense. Never been in any trouble before. Does he need an attorney and can he be helped through an ARD class and have this offense removed from his permanent record. This took place in Nazareth, PA.

  2. #2
    Join Date
    Sep 2011
    The ARD program is unique to Pennsylvania DUI law. This program gives first-time DUI offenders the ability to have the DUI expunged from their criminal record once they complete the ARD program.

    The district attorney decides who can be admitted into the program. Only first-time offenders are eligible and if you caused serious injury to someone else, you will not be considered eligible. You will also be barred admittance if there was a child under the age of 14 in the car with you at the time of your arrest.

    Once you are accepted into the ARD program, you will not serve any jail time, but you will be placed under supervision for 2 years while you work to complete the program(similar to probation). Once you complete the required conditions, the DUI charge will be dropped and you will have a clear record. If you fail to complete the program, you will be kicked out and the original DUI charge will be reinstated against you and you will face all fines, penalties and jail time of a regular DUI offender.

    Just because you may be eligible for the program doesn't mean you should agree to take part. Consult with your DUI attorney...if he believes you have a good chance of getting the DUI charge dismissed, it may make sense to fight the charge. The reason is: even if you complete the ARD program, if you get arrested any time in the future for DUI, you will be treated as a repeat offender. This is a decision that an experienced Pennsylvania DUI attorney can help you make.

    Good luck

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