Here is what I have found:Only first time DUI offenders may be eligible for the ARD program. The district attorney makes the decision as to whether or not a person will be admitted into the ARD program. Just because you are facing a first offense DUI charge does not mean that you are automatically admitted into the ARD program.  You will not be eligible for the ARD program if your DUI caused serious injury to anyone other than yourself or if there was a fatality involved. You will not be admitted into the ARD program if you had a child under the age of 14 in the vehicle at the time of the DUI stop. If either scenario applies in your case, you will have to go through the criminal court system for the DUI.So your attorney needs to speak with the prosecutor assigned to your case.  Good luck.