Commonwealth v. Darkow

POPOVICH, Judge:

This case involves an appeal from the judgment of sentence for driving under the influence of alcohol (DUI)1 by the defendant/appellant, Stephen John Darkow. We affirm.

After a non-jury trial, the appellant was found guilty of DUI and sentenced to 48 hours to 23 months imprisonment.2 On appeal, the appellant challenges the District Attorney’s refusal to admit him to Delaware County’s Accelerated Rehabilitative Disposition (ARD) program. He argues that the District Attorney’s reasons for refusing him access to ARD (his prior (1983) entry into an ARD program for DUI and his…