Getting charged with a DUI can lead to serious consequences, even if it's the driver's first offense. But Pennsylvania courts will consider first-time offenders for what is called the Accelerated Rehabilitative Disposition program. This program provides an opportunity to attend substance abuse classes or perform community service in exchange for expungement for qualified candidates.

One woman was placed in the ARD program by a judge after she caused a car accident. The woman had struck a vehicle with her own car, leaving the other driver with several spinal cord injuries. She was charged with DUI and several other traffic violations. However because the woman had no prior criminal record and there was no serious bodily injuries that resulted, the judge determined she was a good candidate for the program. But now the other driver is protesting the use of the ARD program in this incident.

The other driver believes that her injuries should be considered "serious bodily harm" and that, while this is the woman's first offense, she should be given a tougher sentence. The other driver also speculates that the woman's job and background in the military influenced the decision to send her to the ARD program.

But there are a number of factors that likely reflect why the judge chose to place the woman in the ARD program. In order for an individual to be placed in the ARD program, there are requirements under Pennsylvania law. And according to the judge, the woman as well as the incident fit what was necessary to place her into the program.

For many first-time offenders, a DUI charge can be the result of a momentary lapse of judgment or a one-time mistake. Even in this instance, the judge noted that the woman had not had a drink of alcohol since the accident. Given the intent of the program, hopefully it will be enough to prevent the woman from driving after drinking in the future.

Source: York Daily Record: "Crash victim challenges driver's ARD application," Rick Lee, Aug. 30, 2011.