2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3807 - Accelerated Rehabilitative Disposition.

     § 3807.  Accelerated Rehabilitative Disposition.
        (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
            defendant's 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 defendant's
            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 defendant's 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 defendant's 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 defendant's
     license suspended as follows:
            (1)  There shall be no license suspension if the
        defendant's blood alcohol concentration at the time of
        testing was less than 0.10%.
            (2)  For 30 days if the defendant's 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 defendant's blood alcohol concentration at
            the time of testing was 0.16% or higher;
                (ii)  the defendant's 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.
     (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Aug. 18, 2009,
     P.L.308, No.37, eff. 180 days)

        2009 Amendment.  Act 37 amended subsec. (b)(1)(vii) and added
     (ix).
        2004 Amendment.  Act 177 amended subsecs. (b)(1)(iv) and (d).
        Cross References.  Section 3807 is referred to in section
     3817 of this title; section 8153 of Title 35 (Health and
     Safety).