Statutes | 75 Pa. Cons. Stat. ยง 3807 | 2025
(a) ELIGIBILITY.--
(1) Except as set forth in paragraph (2), a defendant charged with a
violation of section 3802 (relating to driving under influence of
alcohol or controlled substance) may be considered by the attorney for
the Commonwealth for participation in an Accelerated Rehabilitative
Disposition program in a county if the program includes the minimum
requirements contained in this section.
(2) The attorney for the Commonwealth shall not submit a charge brought
under this chapter for Accelerated Rehabilitative Disposition if any of
the following apply:
(i) The defendant has been found guilty of or accepted Accelerated
Rehabilitative Disposition of a charge brought under section 3802
within ten years of the date of the current offense unless the charge
was for an ungraded misdemeanor under section 3802(a)(2) and was the
defendants first offense under section 3802.
(ii) An accident occurred in connection with the events surrounding
the current offense and an individual other than the defendant was
killed or suffered serious bodily injury as a result of the accident.
(iii) There was a passenger under 14 years of age in the motor
vehicle the defendant was operating.
(b) EVALUATION AND TREATMENT.--
(1) A defendant offered Accelerated Rehabilitative Disposition for a
violation of section 3802 is, as a condition of participation in the
program, subject to the following requirements in addition to any other
conditions of participation imposed by the court:
(i) The defendant must attend and successfully complete an alcohol
highway safety school established under section 1549 (relating to
establishment of schools). A participating defendant shall be given
both oral and written notice of the provisions of section 1543(b)
(relating to driving while operating privilege is suspended or
revoked).
(ii) Prior to receiving Accelerated Rehabilitative Disposition or
other preliminary disposition, the defendant must be evaluated under
section 3816(a) (relating to requirements for driving under influence
offenders) to determine the extent of the defendants involvement
with alcohol or other drug and to assist the court in determining
what conditions of Accelerated Rehabilitative Disposition would
benefit the defendant and the public. If the evaluation indicates
there is a need for counseling or treatment, the defendant shall be
subject to a full assessment for alcohol and drug addiction in
accordance with the provisions of section 3814(3) and (4) (relating
to drug and alcohol assessments).
(iii) If the defendant is assessed under subparagraph (ii) to be in
need of treatment, the defendant must participate and cooperate with
a licensed alcohol or drug addiction treatment program. The level
and duration of treatment shall be in accordance with the
recommendations of the full assessment. Nothing in this subparagraph
shall prevent a treatment program from refusing to accept a defendant
if the program administrator deems the defendant to be inappropriate
for admission to the program. A treatment program shall retain the
right to immediately discharge into the custody of the probation
officer an offender who fails to comply with program rules and
treatment expectations or refuses to constructively engage in the
treatment process.
(iv) The defendant must remain subject to court supervision for at
least six months, but not more than 12 months.
(v) The defendant must make restitution to any person that incurred
determinable financial loss as a result of the defendants actions
which resulted in the offense. Restitution must be subject to court
supervision.
(vi) The defendant must pay the reasonable costs of a municipal
corporation in connection with the offense. Fees imposed under this
subparagraph shall be distributed to the affected municipal
corporation.
(vii) The defendant must pay any other fee, surcharge or cost
required by law. Except as set forth in subparagraph (vi), (viii) or
(ix), a fee or financial condition imposed by a judge as a condition
of Accelerated Rehabilitative Disposition or any other preliminary
disposition of any charge under this chapter shall be distributed as
provided for in 42 Pa.C.S. § 3571 (relating to Commonwealth portion
of fines, etc.) and 3573 (relating to municipal corporation portion
of fines, etc.).
(viii) The defendant must pay the costs of compliance with
subparagraphs (i), (ii) and (iii).
(ix) The defendant shall pay a cost of $ 25 which shall be forwarded
to the State Treasurer for deposit in the Emergency Medical Services
Operating Fund.
(2) The defendant shall be subject to a full assessment for alcohol and
drug addiction if any of the following apply:
(i) The evaluation under paragraph (1)(ii) indicates a likelihood
that the defendant is addicted to alcohol or other drugs.
(ii) The defendants blood alcohol content at the time of the offense
was at least 0.16.
(3) The assessment under paragraph (2) shall be conducted by one of the
following:
(i) The Department of Health or its designee.
(ii) The county agency with responsibility for county drug and
alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed by the Department
of Health for the conduct of drug and alcohol addiction treatment
programs.
(4) The assessment under paragraph (2) shall consider issues of public
safety and shall include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.
(c) INSURANCE.--
(1) This subsection shall only apply to a health insurance, health
maintenance organization or other health plan required to provide
benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No.
284) , known as The Insurance Company Law of 1921.
(2) If an individual who is insured by a health insurance, a health
maintenance organization or other health plan, that is doing business
in this Commonwealth, the individual may not be deprived of alcohol and
other drug abuse and addiction treatment or coverage within the scope
of that plan due to the identification of an alcohol or other drug
problem which occurs as a result of an assessment under this section.
(d) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.-- As a condition of participation in an Accelerated Rehabilitative Disposition program, the court shall order the defendants license suspended as follows:
(1) There shall be no license suspension if the defendants blood
alcohol concentration at the time of testing was less than 0.10.
(2) For 30 days if the defendants blood alcohol concentration at the
time of testing was at least 0.10 but less than 0.16.
(3) For 60 days if:
(i) the defendants blood alcohol concentration at the time of
testing was 0.16 or higher
(ii) the defendants blood alcohol concentration is not known
(iii) an accident which resulted in bodily injury or in damage to a
vehicle or other property occurred in connection with the events
surrounding the current offense or
(iv) the defendant was charged pursuant to section 3802(d).
(4) For 90 days if the defendant was a minor at the time of the
offense.
(e) FAILURE TO COMPLY.--
(1) A defendant who fails to complete any of the conditions of
participation contained in this section shall be deemed to have
unsuccessfully participated in an Accelerated Rehabilitative
Disposition program, and the criminal record underlying participation
in the program shall not be expunged.
(2) The court shall direct the attorney for the Commonwealth to proceed
on the charges as prescribed in the Rules of Criminal Procedure if the
defendant:
(i) fails to meet any of the requirements of this section
(ii) is charged with or commits an offense under 18 Pa.C.S. (relating
to crimes and offenses) or
(iii) violates any other condition imposed by the court.