A recent decision from the Pennsylvania Supreme Court could change how DUI cases are handled across Pennsylvania. In particular, those who previously went through the ARD program. If you’ve faced a DUI before and used ARD, this ruling could directly affect how your next case is treated. What should you know?
What Is the ARD Program in Pennsylvania?
Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program is designed to give first-time, non-violent offenders, especially those facing DUI charges, a second chance. Instead of going through a traditional trial, eligible individuals can complete things like supervision, education, and treatment. In return, they avoid a conviction and can often have the charge expunged later on.
This is a practical approach that has helped many get back to their regular life after a DUI charge. Not only that, it reduces the burden on the courts while getting people real help.
What Did the PA Supreme Court Decide in Commonwealth v. Shifflett?
On May 30, 2025, the Pennsylvania Supreme Court ruled that if you completed ARD for a DUI in the past, that can’t be treated like a conviction when sentencing you for a new DUI. Why? The case involved a man in Adams County who went through ARD for a DUI back in 2012. When he was charged again in 2022, prosecutors tried to count the earlier ARD as a prior offense to increase the penalties. This ruling said no, meaning his 2022 offense will be charged as a first offense.
Chief Justice Debra Todd explained that because ARD doesn’t involve a guilty plea or a trial, it doesn’t count as a conviction and it shouldn’t be used like one in future sentencing. As you can imagine, this sets an important precedent for cases to come, what it means to go through ARD, and how “second offenses” are handled.
Why This Ruling Matters for DUI Defendants
The decision in Commonwealth v. Shifflett will have a wide-reaching impact on DUI prosecutions across Pennsylvania. In Lancaster and nearby counties, ARD is a common option for resolving first-time DUI charges. But since this ruling, several counties, including Lancaster, York, Adams, Chester, Clearfield, Jefferson, and Pike, have temporarily paused DUI-related ARD placements while they revisit their eligibility rules and program policies.
Lancaster County District Attorney Heather Adams has said her office is reviewing how ARD is applied, especially in light of concerns about whether the program still acts as a deterrent.
So what does all this mean for you?
- If you’re charged with a DUI for the first time, ARD may still be available, but counties might be stricter about who qualifies.
- If you completed ARD before and now face new DUI charges, this ruling may help prevent you from getting hit with enhanced penalties.
The Pennsylvania District Attorneys Association is also working with lawmakers to consider possible changes to the law in response to this decision, so we may see more shifts in the near future.
Chieppor & Egner Can Help You Understand Your DUI Options
If you’re dealing with a DUI charge in Pennsylvania, this Supreme Court ruling is a big deal. It could affect whether you qualify for ARD or how a previous ARD is treated in your current case. But understanding these changes doesn’t have to be overwhelming. At Chieppor & Egner, we walk clients through their legal options and build defense strategies tailored to their individual situation. Whether you’re new to the system or navigating a second offense, we’re here to help. Reach out today to contact - schedule a consultation and protect your future.
