In Lihota v. Department of Transportation, 811 A.2d 1117, 1118 (Pa. Cmwlth. 2002), the Trial Court as controlling on the instant issue, the licensee was charged three separate times with DUI during a six-month period. He was thereafter convicted on two of the DUI charges, and accepted A.R.D. for the third. Subsequently, the licensee violated the terms of A.R.D., was involuntarily removed from the program, and put on trial for the underlying DUI. At trial on that charge, the licensee was found not guilty for lack of prosecution. However, because of his acceptance into the A.R.D. program and his two prior DUI convictions, DOT imposed a five year license suspension as a habitual offender pursuant to Section 1542 of the Vehicle Code, 75 Pa.C.S 1542. Following appeal to the trial court, which sustained DOT's suspension, the licensee in Lihota appealed to this Court arguing in relevant part that because he was not convicted on the underlying DUI offense, his acceptance into the A.R.D. program should not count towards his classification as a habitual offender for purposes of Section 1542. The Court disagreed, holding that the acceptance into A.R.D., notwithstanding the fact that the licensee was ultimately found not guilty of the underlying charge, counted towards his classification as a habitual offender for purposes of the statutory scheme addressing license revocation for habitual offenders. Additionally, the licensee in Lihota argued that the "acceptance of" language within Section 1542 should be interpreted by this Court as "acceptance and completion of" A.R.D., since completion of the program is the only way to ensure that there will be no future prosecution of the underlying offense. The Court rejected that construction, noting that the unambiguous and express language of Section 1542 stated that the acceptance of A.R.D., which acceptance was both voluntary and volitional on licensee's part, is considered an offense for purposes of the Vehicle Code; completion of A.R.D. is not referenced within the statute, and therefore cannot be read to be contemplated, for purposes of construing offenses.