Delaware County’s ARD program can offer an eligible DUI defendant a path to dismissal without a DUI conviction, but the application involves local deadlines and important waivers. The county’s application effective September 2026 contains DUI-specific instructions that should be reviewed before the preliminary hearing—not after the case is already approaching trial.
The Law Offices of Steven E. Kellis helps defendants assess the evidence, eligibility, and practical obligations of Delaware County DUI ARD. Call (215) 940-1200 for a free consultation, or send a consultation request.
Why the current Delaware County application matters
The District Attorney’s programs page links to the current ARD application. Its instructions distinguish general ARD requirements from the DUI-specific process. Using an older form or a different county’s checklist can leave an applicant missing a required waiver or misunderstanding when work must be completed.
The September 2026 application packet requires representation by an attorney, fingerprinting, and the specified arraignment and Rule 600 waiver paperwork. For its DUI-ARD procedure, it also calls for waiver of the preliminary hearing and pretrial motions. Those are significant choices. Ask counsel to review the evidence and explain the consequences before signing.
The packet describes its streamlined DUI-ARD procedure for cases involving only DUI and related traffic charges without a crash indicated in the affidavit. Other facts need individualized review. Do not assume that a separate charge or collision means either automatic admission or automatic rejection under every available local pathway.
Who may qualify for DUI ARD in Delaware County?
The DA evaluates the applicant’s background and the circumstances of the case. The local materials allow consideration of some people who have lived a law-abiding life for a substantial period, while also identifying conduct and history that can prevent admission. An attorney should obtain the dispositions of earlier cases rather than rely on a client’s recollection of how they ended.
State law provides an additional eligibility screen. Section 3807 bars submission in specified prior-DUI situations, crashes causing another person’s death or serious bodily injury, and cases involving a passenger younger than 14. The prior-DUI provision contains a limited exception that requires legal analysis; it is not a general entitlement to repeat ARD.
Local discretion remains important even when none of the statutory bars applies. The application addresses factors such as endangerment, accident circumstances, and victim concerns. Accurate information about the incident and any claimed losses can matter as much as checking the correct boxes.
A Delaware County DUI lawyer can review both the diversion opportunity and the strength of the underlying charge. An application should not replace investigation of the stop, testing, or other potential defense issues.
When must the application be submitted?
The county’s published instructions require the application and accompanying appearance/arraignment and Rule 600 forms at least 14 days before scheduled formal arraignment. The packet also discusses earlier submission and possible expedited handling for qualifying DUI cases. Consult the current application and your case notices together; different instructions may apply once a case is already assigned to a trial team.
Do not wait until that outer deadline to obtain counsel. Time may be needed to secure a prior disposition, review a lab report, arrange fingerprinting, or clarify which procedure applies. Nor should you assume that filing forms excuses a scheduled appearance. Confirm whether the necessary waiver has actually been accepted.
A practical preparation file includes the criminal complaint, preliminary-hearing and arraignment notices, identification, insurance information, fingerprinting confirmation, and records of earlier criminal or DUI matters. Share any PennDOT letter separately, because criminal-case paperwork does not resolve a license appeal.
Education, evaluations, and community service
The application addresses CRN screening, alcohol safe-driving classes, and further drug-and-alcohol evaluation when required. It also describes a possible community-service reduction for completing specified DUI requirements before formal arraignment. That is a reason to ask about approved scheduling early—not a reason to enroll in an unapproved course or assume the reduction applies automatically.
Once conditions are issued, turn them into a dated completion plan. Identify the approved provider, how completion must be reported, and which requirements precede placement. Community service should be approved and documented through the county’s process. Hours spent volunteering elsewhere may not meet the order without prior authorization.
The statewide DUI ARD framework requires successful highway safety school, appropriate evaluation and treatment, and court supervision. The DUI-specific supervision range is six to twelve months. General references to longer non-DUI ARD periods should not be substituted for the DUI statute.
What does Delaware County DUI ARD cost?
Obtain a current written calculation instead of relying on one advertised total. The county’s general web summary and its September 2026 application display different approximate DUI program amounts. Those figures are not a dependable all-inclusive quote, particularly where supervision, treatment, restitution, or licensing expenses are involved.
The important planning questions are what must be paid at entry, which obligations continue during supervision, and whether an advance hardship arrangement is available. The application states that payment arrangements differing from the normal entry requirement should be addressed with the DA’s office before placement. Counsel can help identify what must be requested and documented.
Keep receipts and confirm that payments are credited to the correct case. Financial compliance, course completion, and the end of the supervision period are separate parts of finishing ARD. Attorney fees should also be explained separately from county charges.
Will ARD suspend your driver’s license?
Potentially. The statewide schedule generally provides no ARD suspension below .10% BAC when no other suspension-triggering circumstance applies; 30 days for .10% to below .16%; and 60 days for higher or unknown BAC, drug DUI, or qualifying accident circumstances. A driver under 21 faces a 90-day ARD suspension. These rules come from Section 3807(d), not a negotiated fee schedule.
A refusal can create a separate civil suspension beyond the ARD condition. Review blood- and breath-test refusal issues and the actual PennDOT notice with counsel. For the effective date and restoration instructions, use the court’s direction and PennDOT requirements rather than assuming the clock started on the arrest date.
Dismissal and expungement after completion
Delaware County publishes a separate ARD expungement procedure, including how to obtain a completion letter. Finishing supervision is not a reason to ignore the final paperwork. Confirm the completion record, dismissal, and appropriate expungement order.
Rule 320 addresses expungement when ARD charges are dismissed and allows a hearing if the Commonwealth objects. DUI-specific law also requires retention of a limited nonpublic completion record. That is different from leaving the public criminal case untouched for twelve years. An attorney can explain which record is being addressed and what confirmation to retain.
Delaware County DUI ARD questions
Do I need an attorney for the application?
The current Delaware County application says an applicant must be represented. It directs people who lack funds for private counsel to seek assistance from the Public Defender. Do not assume that a self-filed form satisfies the county’s process.
Does a waiver of the preliminary hearing mean I pleaded guilty?
No. Waiver and a guilty plea are different acts. However, the DUI-ARD packet includes additional waivers, so review the complete agreement rather than focusing on only one signature line.
Can I complete community service after placement?
Follow the deadlines in your acceptance conditions. The county describes an incentive tied to completing certain DUI prerequisites early, but that does not eliminate service or authorize any volunteer activity to count.
What if ARD is denied?
The prosecution continues. Counsel can examine the reason for denial, correct an inaccurate record where appropriate, and prepare the case for the next stage. Eligibility screening and DUI defense should proceed as coordinated work.
Get help before the Delaware County ARD deadline
A Pennsylvania DUI attorney can help you evaluate the diversion terms without overlooking the evidence or licensing consequences. Call Steven E. Kellis at (215) 940-1200 or contact the firm for a free consultation about your Delaware County case.
Information checked September 23, 2026. General information only; current court orders and case-specific program instructions control.