In some situations, it may not make sense to send a first-time DUI offender to prison. As we've seen in a previous post, the ARD program was created in order to provide treatment and counseling for a non-violent individual who is charged with drunk driving. But in order to get into the program, you have to apply for it and get it approved by a judge.

A Pennsylvania State Representative was arrested and charged for drunk driving earlier this year. Now he has requested to participate in the ARD program. This would keep him out of jail and allow him to get treatment for his admitted substance abuse problems.

The drunk driving incident occurred in the summer when police were informed of a drunk driver. According to the report, the State Rep. had been walking in a parking lot exhibiting signs of intoxication. He was unable to walk straight and after running into his own vehicle, he got in and drove off.

Police searched for the vehicle and found the State Rep. in another town. He had apparently been driving and when officers went up to the car, he was unable to speak clearly and smelled of alcohol. He was taken to a local hospital and the results of a blood test indicated he was in fact legally intoxicated.

As a result, he was charged with several crimes including drunk driving. While his BAC level was considered the highest-level drunk driving offense, it was still the State Rep.'s first DUI-related charge. Because it is his first DUI offense, he is a plausible candidate for the ARD program. However it is up to the judge to decide whether he should be allowed to participate in the alternative sentencing program.

Source: The Morning Call: "Rep. Joe Brennan applies for probation program in DUI case," Nicole Radzievich, Sept. 29, 2011