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DUI Attorney in Berks County, PA

If you were arrested for DUI, then contact an experienced criminal defense attorney in Berks County, PA, at Alva & Moscow, LLC. We provide a free consultations to discuss the facts of your case, the services we provide, and possible defenses that can be used to win your case.

The penalties and punishments for a charge of driving under the influence (DUI) depend on a host of factors such as the number of prior convictions, whether you submitted to chemical testing, the level of your breath or blood alcohol concentration (BAC), whether a child passenger was in the vehicle and whether any injury or property damage occurred during a crash.

Call (215) 665-1695 to talk to an experienced Pennsylvania Criminal Defense Attorney at Alva & Moscow, LLC about your drunk driving case. We represent clients on a first, second, third or subsequent DUI arrest. We also represent clients on a DUI refusal case, or a charge involving a DUI breath or blood test. For any DUI felony or misdemeanor case, let us put our experience to work to defend you as we fight for the best possible outcome.

The Berks County ARD DUI Program

In certain cases, the person charged with DUI might decide to participate in the ARD DUI program so that at the end of the case the arrest record can be expunged. Entering the ARD DUI program might help you avoid some of the direct consequences of the DUI arrest such as a criminal conviction, mandatory jail or a mandatory driver’s license suspension, if any applies to the particular facts of your case.

The ARD program is not right for everyone. Also, you can still incur serious collaterial consequences even if you successfully complete the program.

The main benefit of entering the program is that if you successful completion of the ARD Program then the Adult Probation/Parole Department will forward a petition to the District Attorney’s Office and the Court of Common Pleas requesting that the DUI charge be expunged.

Your attorney can help you decide if the program is right for you. complete all of the forms, understand the eligibility criteria, and help you apply for and complete the program.

Applying to the ARD DUI Program in Berks County

If you otherwise meet the eligibility criteria, your attorney can help you apply to the ARD DUI program. An appearance is required before the Magisterial District Judge at the Preliminary Hearing. The applicant must complete a Subpoena for ARD Hearing, an Appearance for Entry into ARD Program, and ARD Application. Within three working days, the applicant must report to the Adult Probation/Parole Department with the forms.

The Adult Probation/Parole Department is located at the Berks County Service Center, 633 Court Street, 7th Floor, Reading, Pennsylvania.

The department will review the ARD application and other forms. The department will also conduct an ARD Interview. If you are not otherwise eligible for the ARD DUI program, then the department will complete a pre-sentence investigation.

If you do meet the criteria for acceptance then your community service will be scheduled along with the CRN evaluation and the Alcohol Highway Safety School.

All of the paperwork is then sent to the Berks County District Attorney’s Office so that the prosecutor can review the application and notify your attorney if your case is accepted or rejected into the ARD Program.

Requirements to Complete the ARD Program

In order to complete the ARD program you must serve one year of probation. The program allows you to avoid certain minimum mandatory terms that would apply in certain cases if you were convicted at trial including 48 hours or 72 hours of confinement, or a six month period of parole. It is important to understand that if your case involves a low BAC between .08 and .099 without any allegation that an crash occurred, then there is no mandatory jail term required for a first DUI conviction. Nevertheless, in these cases the one year of probation term is still required.

You can avoid the one year loss of the driver’s license that might occur if you are convicted of DUI. Instead, the program requires the following:

no license suspension if your BAC is between .08%-.099%;
a license suspension of 30 days if BAC between .10%-.159%;
a license suspension of 60 days if the BAC is .16% or greater or unknown;
a license suspension of 60 days if the DUI case involved a crash with bodily injury or property damage;
a license suspension of 60 days if you were charged with driving under the influence of drugs (any chemical or controlled substance).

Other requirements include:

You must complete 40 hours of community service.
You must pay fines and costs.
You must undergo a CRN Evaluation and a drug and alcohol screening prior to the ARD Court. If recommended, you must complete any recommended follow up treatment.
You must successfully complete DUI school through mandatory attendance at Alcohol Highway Safety School (DUI School).

Eligibliity Requirements to Enter the ARD DUI Program

The eligibility requirements to enter the ARD DUI program include:

The defendant must apply to the ARD DUI program at the time of his or her preliminary hearing.
Prior to admission in the ARD DUI program, the Defendant must undergo a Court Reporting Network (CRN) evaluation.
In a DUI refusal case in which the defendant refused to submit to a breath, blood or urine test, the arresting officer must send the “refusal form” to PENNDOT and a copy to the Berks County District Attorney’s Office prior to ARD Court.
The case must involve a first offense for DUI with no prior misdemeanor, felony or ARD dispositions.
At the time of the arrest, the Defendant had a valid driver’s license that was not suspended, cancelled, or revoked
The DUI case must not involve an accusation that the defendant was driving with a passenger under the age of 14 years old. See 75 Pa. C.S.A. 3807(a)(2)(iii).
The DUI cases must not have involved a crash with serious bodily injury to any person other than the defendant (See 75 Pa. CSA 3807(a)(2)(ii))
If the defendant refused a breath, blood, or urine test, the “refusal form” must be sent to PENNDOT (and a copy to the District Attorney’s Office) by the arresting police officer prior to ARD Court

Additional Resources about DUI in Berks County, PA

Berks County DUI Processing Center – The District Attorney’s Office in Berks County helps local law enforcement officers and agencies by operating the Berks County DUI Processing Center. The DUI Processing Center helps to process and videotape persons suspected of operating a motor vehicle under the influence of alcohol or a controlled substance in Berks County. The DUI processing center is designed to gather evidence in compliance with existing Pennsylvania State Law so that these cases can be more easily and effectively investigated and prosecuted.

Accelerated Rehabilitative Disposition (ARD) Program for DUI in Berks County – After an arrest for a first DUI in Berks County, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. The ARD DUI Program is an alternative to going to trial or entering a plea and receiving a conviction, mandatory jail and a possible one year driver’s license suspension.