You can't. Pennsylvania law makes ARD unavailable to any individual who has been convicted of, or received ARD for, a DUI within the past 10 years.
To continue being the bearer of bad news: Because you entered ARD for your previous DUI arrest, the prior DUI will count as a conviction for the purpose of enhancing the sentence for the present DUI charges. As such, you face a minimum of 5 days in jail if your BAC is between a .08 and .099, 30 days in jail if your BAC is between .10 and .159, and 90 days in jail if your BAC is above .16, or involves controlled substances.
With intermediate punishment (if offered in your county), you are still looking at a minimum of 30 days in jail.
There are a number of defenses available. Contact an experienced local DUI defense attorney to assist you. There is insufficient information to make a recommendation about potential outcomes and the presumption of a conviction is premature.
The Associates, Senior Attorneys and Staff of my firm represent individuals charged with DUI throughout Pennsylvania. In every case, including those eligible for the ARD Program, we always perform a full and fair evaluation of your case.
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