I join the well-reasoned dissent of Judge Del Sole and would further emphasize the necessity for distinguishing *69ARD acceptance from ARD completion with regard to subsequent sentencing.
The rules which establish and govern the Accelerated Rehabilitative Disposition program, Pa.R.Crim.P. 175-185, make clear that “acceptance” of ARD must be' conditional upon successful completion of the program. Specifically, under Rule 181, when a defendant is accepted into ARD, charges are postponed during the term of the program. Further, Rule 184 provides that if the defendant does commit a violation, the program is terminated, and the attorney for the Commonwealth shall proceed on the charges. Finally, upon satisfactory completion and compliance with the terms of the program, a defendant may apply to the court for an order dismissing the charges pursuant to Rule 185. Therefore, the term “acceptance,” as it is used in 75 Pa. C.S. § 3731(e)(2) for sentence enhancing purposes, must be interpreted only as a condition precedent to final completion of ARD, and participants may be removed from the program at any time for violation of its terms. These provisions are reiterated in § 3731(e)(7), which provides:
(7) Accelerated Rehabilitative Disposition or other preliminary disposition of any charge of violating this section may be revoked and the court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in general rules if the defendant:
(i) is charged with or commits any crime enumerated in Title 18 (relating to crimes and offenses) or in section 1542 within the probationary period;
(ii) fails to make restitution as provided for in this section;
(iii) fails to successfully complete the alcohol highway safety school required by section 1548(b);
(iv) fails to successfully complete any program of counseling or treatment, or both, required as a condition of Accelerated Rehabilitative Disposition; or
(v) violates the terms and conditions of Accelerated Rehabilitative Disposition in any other way.
*70This section of the statute must be construed in conjunction with the sentencing provision of § 3731(e)(2). The logical conclusion is that the legislature intended ARD “acceptance” to apply as a sentence enhancer only where the program has been successfully completed.
The language of § 3731(e)(2) itself is consistent with this interpretation. The statute provides that “acceptance of Accelerated Rehabilitation Disposition ...,” as opposed to acceptance “into ” the program, triggers sentence enhancement. The implication is that “acceptance” encompasses acceptance of all the terms and conditions of the program, not just acceptance into the program pursuant to Pa.R. Crim.P. 175-179 (concerning the procedure required for ARD admittance). In fact, Rule 178 provides:
Rule 178. Hearing, Explanation of Program
Hearing on a motion for accelerated rehabilitative disposition shall be in open court in the presence of the defendant, his attorney, the attorney for the Commonwealth, and any victims who attend. At such hearing, the defendant shall be asked on the record whether he understands that:
(1) acceptance into and satisfactory completion of the accelerated rehabilitative disposition program offers him an opportunity to earn a dismissal of the charges pending against him;
(2) should he fail to complete the program satisfactorily, he may be prosecuted as provided by law;
(3) he must agree that if he is accepted into the program he waives the appropriate statute of limitations and his right to a speedy trial under any applicable Federal or State constitutional provisions, statutes or rules of court during the period of enrollment in the program.
(Emphasis added).
This strengthens or emphasizes the ¡position that ARD admittance is conditioned upon satisfactory completion of the program, as distinguished from simple acceptance into the ARD program.
*71Contrary to the majority’s construction of § 3731(e)(2) equating “admittance” with “acceptance,” there has been no preliminary disposition of the charges upon acceptance into the ARD program. Rather, those charges are merely postponed until the program is either successfully completed or terminated, thereby making “acceptance” conditioned upon completion or revocation, not admittance, to the program.
Moreover, the disposition of the DUI charges is determined by the ARD participant, who by his actions chooses to either successfully complete the program, or be removed from ARD due to a violation. Therefore, the statute cannot logically be interpreted to mean that immediately upon acceptance into the program, he is automatically presumed to be a second offender for subsequent sentencing purposes. Since the intent behind successful completion of ARD was rehabilitative, not punitive, see Pa.R.Crim.P. 175-185 completion, the sentencing provisions of § 3731(e)(7) require prosecution on the charges giving rise to ARD only if a violation of the program is committed. Once this occurs, the defendant is taken out of the ARD program and put back into the criminal justice system, as though ARD had never occurred. Thus, the defendant loses one of the crucial benefits of ARD completion — the opportunity to avoid criminal prosecution. In view of the intent behind ARD, and the provision requiring prosecution upon ARD revocation, mere acceptance of ARD should not qualify the defendant for second offender status. The purpose behind such sentencing is lacking. When ARD is revoked, the defendant loses the benefit of possible rehabilitation, and will now be treated the same as any other offender. Therefore, no special provisions regarding sentencing under § 3731(e)(2) are necessary, as may be the case when ARD has been completed; Upon completion, the defendant will never be tried on those charges. Although it would be consistent with this opinion for the sentencing judge to consider ARD acceptance as an appropriate sentencing factor, see Commonwealth v. Knepp, 307 Pa.Super. 535, 453 A.2d 1016 (1982); Commonwealth v. Scheinert, 359 *72Pa.Super. 423, 519 A.2d 422 (1986) (Kelly, J. concurring, joined by Cavanaugh, J.), mere acceptance is not sufficient for application of the mandatory penalty.
Furthermore, the majority justifies treating appellee Becker as a second offender based upon our treatment of a defendant who had completed ARD in Commonwealth v. Wagner, 352 Pa.Super. 295, 507 A.2d 1237 (1986). However, the majority assumes that defendant Wagner was innocent of the charges giving rise to ARD, since completion of the program precludes adjudication of those charges. I disagree. The majority’s characterization of a defendant as innocent upon ARD completion conflicts with the penalty prescribed in § 3731(e)(2), which treats ARD participation as a conviction for subsequent sentencing purposes. When ARD has been completed, this penalty is in accordance with the legislative intent to treat repeat offenders more harshly after they are given the opportunity for rehabilitation through ARD. As the majority states, this court has recognized that, under the provisions of § 3731(e)(2), a defendant who has been convicted of only one crime can be sentenced as if he were guilty of two offenses, by virtue of ARD completion. This sentencing provision indicates a presumption that if the defendant had not participated in ARD, but rather was tried on those charges, he would be convicted. However, this issue is not even reached where ARD has been revoked, because the defendant must now be prosecuted on the original charges, and will therefore be presumed innocent. Thus, treating appellee Becker as a second offender on the instant conviction merely because he was previously accepted into ARD would serve to strip him of that presumption of innocence when he is tried on the original charges. It is precisely the fact that a defendant can never be tried on the charges if he successfully completes ARD which justifies treatment as a second offender for subsequent convictions. Commonwealth v. Wagner, 352 Pa.Super. 295, 507 A.2d 1237 (1986); Commonwealth v. Scheinert, 359 Pa.Super. 423, 519 A.2d 422 (1986) (Kelly, J., concurring, joined by Cavanaugh, J.). But where, as here, ARD is revoked, and appellee’s guilt or innocence is in fact *73adjudicated, there is no basis for the presumption which would treat him as a second offender on the instant conviction.
Finally, the Commonwealth should be estopped from treating appellee as a second offender on the present offense, because it chose to proceed on these charges first, despite the fact that it had already revoked appellee’s ARD and can now try him on the January offense which gave rise to ARD. Had the Commonwealth tried appellee first for the January offense upon ARD revocation, then for the present offense committed in September, appellee could now properly be sentenced as a second offender, provided he was convicted of the January offense. The Commonwealth’s approach, is supported by the majority, would not only create confusion as to subsequent sentencing, but further would create an unreasonable result which the legislature is presumed not to have intended. See Fireman’s Fund Insurance v. Nationwide Mutual Insurance, 317 Pa.Super. 497, 464 A.2d 431 (1983).
First, if appellee is sentenced on these charges, then acquitted of the offense giving rise to ARD, he will have been sentenced as a second offender even though he was convicted only once. As discussed, this situation would not be problematic had appellee completed ARD, because there he would have escaped the possibility of prosecution but would be presumed convicted under the statute for sentencing purposes on the present conviction. However, if ARD is revoked, presumptions do not apply, because an actual adjudication of guilt or innocence will occur. But if the majority’s interpretation is applied, the appellee may be punished as a second offender even if convicted only once.
Moreover, if appellee were to be sentenced on the present charges, then later convicted on the former ones, a problem arises as to sentencing on those original charges. The charges oh which appellee now appeals occurred on September 5, 1984. The original charges arose on January 2, 1984, for which he was accepted into ARD on August 30, 1984. The majority, by equating ARD “acceptance” with “convic*74tion,” justifies appellee’s second offender status as being consistent with the principle enunciated in Commonwealth v. Mourar, 349 Pa.Super. 583, 504 A.2d 197, 511 Pa. 619, 515 A.2d (1986) allowance of appeal granted, and Commonwealth v. Wolfe, 349 Pa.Super. 415, 503 A.2d 435 (1986) that prior convictions must predate the commission of the principal offense to be eligible as sentence enhancers.
I believe the result of the majority’s interpretation, equating ARD acceptance with conviction, would create confusion and ambiguity for sentencing in ARD revocation cases. If appellee is specifically convicted for the January incident, the result would be two convictions for the same offense; the first time by accepting ARD, the second, by actual adjudication. The majority reconciles this ambiguity by suggesting that appellee, if later convicted for the January offense, would be treated as a first offender for the September offense so as not to violate the Mourar/Wolfe doctrine. However, this suggestion simply ignores the conviction for the September offense and treats appellee as though ARD never occurred. This is contrary to the thrust of the opinion, which emphasizes the necessity of considering ARD as a sentence enhancer.
I believe second offender status should apply only where ARD is completed, because the sole reason for allowing ARD to be used as a sentence enhancer is the fact that appellee will never be tried on those charges. Moreover, although Mourar and Wolfe are not clear about whether a conviction must be on the record at the time the second offense is committed, or whether there must be a conviction at the time of sentencing, this is irrelevant due to the unique nature of ARD.
Both Mourar and Wolfe involved sentencing for clear episodes of criminal behavior, delivery of cocaine and burglary, respectively. ARD, however, is a unique situation where criminal conduct is not implied unless there has been a revocation. Charges may not be brought unless the participant has violated ARD, and often that violation will consist of another DUI arrest. Therefore, it is the second *75offense which makes the first offense a criminal act for which charges will be brought. For instance, appellee’s ARD may be revoked due to his arrest and conviction for DUI on September 5, 1984. Had he not been arrested in September, or at any other time prior to completion of ARD, charges for the January offense could never be brought and thus, the incident of January 2, 1984 would not be a criminal offense.
The better rule, applicable solely to ARD revocation cases, would clearly be to stay the proceedings on the later charge until the final disposition of the ARD revocation charges. Under this view, appellee, if convicted, would properly be treated as a first offender for the January offense, then as a second offender for the present conviction. Alternately, if appellee is acquitted of the January charges, then is convicted for the September offense, he would not be treated unfairly as a second offender, as the majority requires, but rather as a first offender.
For the foregoing reasons, I would affirm the judgment of sentence.